reglab/housing_qa huggingface dataset:
SD Codified L § 57A-2-716 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-716 - Buyer's right to specific performance or replevin.

57A-2-716. Buyer's right to specific performance or replevin.(1)Specific performance may be decreed where the goods are unique or in other proper circumstances.(2)The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.(3)The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. Source: SL 1966, ch 150, §2-716; SDCL, §§57-8-41 to 57-8-43; SL 2000, ch 231, §7.
SD Codified L § 57A-2-717 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-717 - Deduction of damages from the price.

57A-2-717. Deduction of damages from the price.The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract. Source: SL 1966, ch 150, §2-717; SDCL, §57-8-44.
SD Codified L § 57A-2-718 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-718 - Liquidation or limitation of damages--Deposits.

57A-2-718. Liquidation or limitation of damages--Deposits.(1)Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.(2)Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payment exceeds(a)The amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or(b)In the absence of such terms, twenty percent of the value of the total performance for which the buyer is obligated under the contract or five hundred dollars, whichever is smaller.(3)The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes(a)A right to recover damages under the provisions of this chapter other than subsection (1), and(b)The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.(4)Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this chapter on resale by an aggrieved seller (§57A-2-706). Source: SL 1966, ch 150, §2-718; SDCL, §§57-8-45 to 57-8-48.
SD Codified L § 57A-2-719 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-719 - Contractual modification or limitation of remedy.

57A-2-719. Contractual modification or limitation of remedy.(1)Subject to the provisions of subsections (2) and (3) of this section and of §57A-2-718 on liquidation and limitation of damages,(a)The agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and(b)Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.(2)Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.(3)Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not. Source: SL 1966, ch 150, §2-719; SDCL, §§57-8-49 to 57-8-51.
SD Codified L § 57A-2-720 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.

57A-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach. Source: SL 1966, ch 150, §2-720; SDCL, §57-8-52.
SD Codified L § 57A-2-721 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-721 - Remedies for fraud.

57A-2-721. Remedies for fraud.Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy. Source: SL 1966, ch 150, §2-721; SDCL, §57-8-53.
SD Codified L § 57A-2-722 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-722 - Who can sue third parties for injury to goods.

57A-2-722. Who can sue third parties for injury to goods.Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract(a)A right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;(b)If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;(c)Either party may with the consent of the other sue for the benefit of whom it may concern. Source: SL 1966, ch 150, §2-722; SDCL, §§57-8-54 to 57-8-56.
SD Codified L § 57A-2-723 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-723 - Proof of market price; time and place.

57A-2-723. Proof of market price; time and place.(1)If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (§57A-2-708 or 57A-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.(2)If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.(3)Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise. Source: SL 1966, ch 150, §2-723; SDCL, §§57-8-57 to 57-8-59.
SD Codified L § 57A-2-724 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-724 - Admissibility of market quotations.

57A-2-724. Admissibility of market quotations.Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility. Source: SL 1966, ch 150, §2-724; SDCL, §57-8-60.
SD Codified L § 57A-2-725 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02 - Sales|Section 57A-2-725 - Statute of limitations in contracts for sale.

57A-2-725. Statute of limitations in contracts for sale.(1)An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.(2)A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.(3)Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.(4)This section does not alter the law on tolling of the statute of limitations nor do they apply to causes of action which have accrued before July 1, 1967. Source: SL 1966, ch 150, §2-725; SDCL, §§57-8-61 to 57-8-64; SL 1982, ch 347, §45.
SD Codified L § 57A-2A-101 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-101 - Short title.

57A-2A-101. Short title.This chapter shall be known and may be cited as the Uniform Commercial Code--Leases. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-102 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-102 - Scope.

57A-2A-102. Scope.This chapter applies to any transaction, regardless of form, that creates a lease. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-104 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-104 - Leases subject to other statutes.

57A-2A-104. Leases subject to other statutes.(1)A lease, although subject to this chapter, is also subject to any applicable:(a)Statute of the United States;(b)Certificate of title statute of this state;(c)Certificate of title statute of another jurisdiction (§57A-2A-105); or(d)Consumer protection statute of this state.(2)In case of conflict between the provisions of this chapter, other than §§57A-2A-105, 57A-2A-304(3) and 57A-2A-305(3), and any statute referred to in subsection (1) of this section, the provisions of that statute control.(3)Failure to comply with any applicable statute has only the effect specified therein. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-105 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-105 - Territorial application of article to goods covered by certificate of title.

57A-2A-105. Territorial application of article to goods covered by certificate of title.Subject to the provisions of §§57A-2A-304(3) and 57A-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-106 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-106 - Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

57A-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum.(1)If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter, in which the goods are to be used, or in which the lease is executed by the lessee, the choice is not enforceable.(2)If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §2.
SD Codified L § 57A-2A-107 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-107 - Waiver or renunciation of claim or right after default.

57A-2A-107. Waiver or renunciation of claim or right after default.Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-108 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-108 - Unconscionability.

57A-2A-108. Unconscionability.(1)If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.(2)With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.(3)Before making a finding of unconscionability under subsection (1) or (2) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease contract or clause thereof, or of the conduct.(4)In an action in which the lessee claims unconscionability with respect to a consumer lease:(a)If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney's fees to the lessee.(b)If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he (or she) knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.(c)In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §3.
SD Codified L § 57A-2A-201 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-201 - Statute of frauds.

57A-2A-201. Statute of frauds.(1)A lease contract is not enforceable by way of action or defense unless:(a)In a lease contract that is not a consumer lease, the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars; or(b)There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.(2)Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b) of this section, whether or not it is specific, if it reasonably identifies what is described.(3)A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) of this section beyond the lease term and the quantity of goods shown in the writing.(4)A lease contract that does not satisfy the requirements of subsection (1) of this section, but which is valid in other respects, is enforceable:(a)If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;(b)If the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or(c)With respect to goods that have been received and accepted by the lessee.(5)The lease term under a lease contract referred to in subsection (4) of this section is:(a)If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;(b)If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or(c)A reasonable lease term. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §5.
SD Codified L § 57A-2A-202 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-202 - Final written expression: parol or extrinsic evidence.

57A-2A-202. Final written expression: parol or extrinsic evidence.Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:(a)By course of dealing or usage of trade or by course of performance; and(b)By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-203 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-203 - Seals inoperative.

57A-2A-203. Seals inoperative.The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-204 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-204 - Formation in general.

57A-2A-204. Formation in general.(1)A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.(2)An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.(3)Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-205 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-205 - Firm offers.

57A-2A-205. Firm offers.An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-206 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-206 - Offer and acceptance in formation of lease contract.

57A-2A-206. Offer and acceptance in formation of lease contract.(1)Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.(2)If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-208 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-208 - Modification, rescission and waiver.

57A-2A-208. Modification, rescission and waiver.(1)An agreement modifying a lease contract needs no consideration to be binding.(2)A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.(3)Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.(4)A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. Source: SL 1989, ch 419, §1.