South Dakota Codified Laws 57A-2-715. Buyer’s incidental and consequential damages
(1) Incidental damages resulting from the seller‘s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller’s breach include:
Terms Used In South Dakota Codified Laws 57A-2-715
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Seller: means a person who sells or contracts to sell goods. See South Dakota Codified Laws 57A-2-103
(a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
Source: SL 1966, ch 150, § 2-715; SDCL, §§ 57-8-39, 57-8-40.