reglab/housing_qa huggingface dataset:
SD Codified L § 57A-2A-509 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-509 - Lessee's rights on improper delivery--Rightful rejection.

57A-2A-509. Lessee's rights on improper delivery--Rightful rejection.(1)Subject to the provisions of §57A-2A-510, on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.(2)Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-510 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-510 - Installment lease contracts: rejection and default.

57A-2A-510. Installment lease contracts: rejection and default.(1)Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) of this section and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.(2)Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-513 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-513 - Cure by lessor of improper delivery--Replacement.

57A-2A-513. Cure by lessor of improper delivery--Replacement.(1)If any tender or delivery by the lessor or the supplier is rejected because it is nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.(2)If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §18.
SD Codified L § 57A-2A-514 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-514 - Waiver of lessee's objections.

57A-2A-514. Waiver of lessee's objections.(1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:(a)If, stated seasonably, the lessor or the supplier could have cured it (§57A-2A-513); or(b)Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.(2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents. Source: SL 1989, ch 419, §1; SL 2009, ch 254, §819.
SD Codified L § 57A-2A-515 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-515 - Acceptance of goods.

57A-2A-515. Acceptance of goods.(1)Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:(a)The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or(b)The lessee fails to make an effective rejection of the goods (§57A-2A-509(2)).(2)Acceptance of a part of any commercial unit is acceptance of that entire unit. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-517 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-517 - Revocation of acceptance of goods.

57A-2A-517. Revocation of acceptance of goods.(1)A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if he has accepted it:(a)Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or(b)Without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.(2)Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.(3)A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-518 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-518 - Cover--Substitute goods.

57A-2A-518. Cover--Substitute goods.(1) After default by a lessor under the lease contract (§57A-2A-508(1)), the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.(2)Except as otherwise provided with respect to damages liquidated in the lease agreement (§57A-2A-504) or otherwise determined by agreement of the parties (§§57A-1-302 and 57A-2A-503), if a lessee's cover is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (a) the present value, as of the date of the commencement of the new lease agreement, of the difference between the total rent for the lease term of the new lease agreement and the total rent for the then remaining lease term of the original lease agreement and (b) any incidental or consequential damages less expenses saved in consequence of the lessor's default.(3)If the lessee's cover is by lease agreement that qualifies for treatment under subsection (2) of this section, the lessee may elect to proceed under subsection (2) of this section or §57A-2A-519. If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by purchase or otherwise, the lessee may recover from the lessor under §57A-2A-519 as if the lessee had elected not to cover. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §20; SL 2008, ch 259, §31.
SD Codified L § 57A-2A-519 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-519 - Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.

57A-2A-519. Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§57A-2A-504) or determined by agreement of the parties (§§57A-1-302 and 57A-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement, whether or not the lease agreement qualifies for treatment under §57A-2A-518(2), or is by purchase or otherwise, the measure of damages for default by the lessor (§57A-2A-508(1)) is the present value as of the date of the default of the difference between the then market rent and the original rent, computed for the remaining lease term of the original lease agreement together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.(2)Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.(3)If the lessee has accepted goods and given notification (§57A-2A-516(3)), the measure of damages for nonconforming tender or delivery by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.(4)The measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §21; SL 2008, ch 259, §32.
SD Codified L § 57A-2A-520 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-520 - Lessee's incidental and consequential damages.

57A-2A-520. Lessee's incidental and consequential damages.(1)Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.(2)Consequential damages resulting from a lessor's default include:(a)Any loss resulting from general or particular requirements and needs of which the lessor 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 1989, ch 419, §1.
SD Codified L § 57A-2A-521 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-521 - Lessee's right to specific performance or replevin.

57A-2A-521. Lessee's right to specific performance or replevin.(1)Specific performance may be decreed if the goods are unique or in other proper circumstances.(2)A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court deems just.(3)A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-522 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-522 - Lessee's right to goods on lessor's insolvency.

57A-2A-522. Lessee's right to goods on lessor's insolvency. (1)Subject to subsection (2) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (§57A-2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within ten days after receipt of the first installment of rent and security.(2)A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-523 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-523 - Lessor's rights.

57A-2A-523. Lessor's rights.(1)If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§57A-2A-510), the lessee is in default under the lease contract and the lessor may:(a)Cancel the lease contract (§57A-2A-505(1));(b)Proceed respecting goods not identified to the lease contract (§57A-2A-524);(c)Withhold delivery of the goods and take possession of goods previously delivered (§57A-2A-525);(d)Stop delivery of the goods by any bailee (§57A-2A-526);(e)Dispose of the goods and recover damages (§57A-2A-527), or retain the goods and recover damages (§57A-2A-528), or in a proper case recover rent (§57A-2A-529).(2)If a lessee is otherwise in default under a lease contract, the lessor may exercise any right or remedy provided in this chapter except to the extent that this chapter makes the right or remedy available only upon the occurrence of a default in subsection (1) of this section. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §22.
SD Codified L § 57A-2A-524 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-524 - Lessor's right to identify goods to lease contract.

57A-2A-524. Lessor's right to identify goods to lease contract.(1)A lessor aggrieved under §57A-2A-523(1) may:(a)Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and(b)Dispose of goods (§57A-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.(2)If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-525 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-525 - Lessor's right to possession of goods.

57A-2A-525. Lessor's right to possession of goods.(1)If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.(2)The lessor has on default by the lessee under the lease contract the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (§57A-2A-527).(3)The lessor may proceed under subsection (2) of this section without judicial process if that can be done without breach of the peace or the lessor may proceed by action. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-526 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-526 - Lessor's stoppage of delivery in transit or otherwise.

57A-2A-526. Lessor's stoppage of delivery in transit or otherwise.(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.(2) In pursuing its remedies under subsection (1) of this section, the lessor may stop delivery until:(a)Receipt of the goods by the lessee;(b)Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or(c)Such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.(3)(a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.(b)After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.(c)A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor. Source: SL 1989, ch 419, §1; SL 2009, ch 254, §820.
SD Codified L § 57A-2A-527 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-527 - Lessor's rights to dispose of goods.

57A-2A-527. Lessor's rights to dispose of goods.(1) After a default by a lessee under the lease contract (§57A-2A-523(1)) or after the lessor refuses to deliver or takes possession of goods (§§57A-2A-525 or 57A-2A-526), the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.(2)Except as otherwise provided with respect to damages liquidated in the lease agreement (§57A-2A-504) or determined by agreement of the parties (§§57A-1-302 and 57A-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (a) accrued and unpaid rent as of the date of commencement of the term of the new lease agreement, (b) the present value as of the date of commencement of the term of the new lease agreement of the difference between the total rent of the then remaining lease term of the original lease agreement and the total rent for the lease term of the new lease agreement, and (c) any incidental damages allowed under §57A-2A-530, less expenses saved in consequence of the lessee's default.(3)If the lessor's disposition is by lease agreement that qualifies for treatment under subsection (2) of this section, the lessor may elect to proceed under subsection (2) or §57A-2A-528. If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) of this section, or is by sale or otherwise, the lessor may recover from the lessee under §57A-2A-528 as if the lessor had elected not to dispose of the goods.(4)A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.(5)The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (§57A-2A-508(5)). Source: SL 1989, ch 419, §1; SL 1990, ch 390, §23; SL 2008, ch 259, §33.
SD Codified L § 57A-2A-528 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-528 - Lessor's damages for nonacceptance or repudiation.

57A-2A-528. Lessor's damages for nonacceptance or repudiation.(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§57A-2A-504) or determined by agreement of the parties (§§57A-1-302 and 57A-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition is by lease agreement, whether or not the lease agreement qualifies for treatment under §57A-2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for default by the lessee (§57A-2A-523(1)) (a) accrued and unpaid rent as of the date the lessor obtained possession of the goods or such earlier date as the lessee has made an effective tender of possession of the goods back to the lessor, (b) the present value as of the date determined under paragraph (a) of the difference between the total rent for the then remaining lease term of the original lease agreement and the market rent at the time determined under paragraph (a) and at the place where the goods were located on that date computed for the same lease term, and (c) any incidental damages allowed under §57A-2A-530, less expenses saved in consequence of the lessee's default.(2)If the measure of damages provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under §57A-2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §24; SL 2008, ch 259, §34.