reglab/housing_qa huggingface dataset:
SD Codified L § 57A-2A-529 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-529 - Lessor's action for a rent.

57A-2A-529. Lessor's action for a rent.(1)After default by the lessee under the lease contract (§57A-2A-523(1)), if the lessor complies with subsection (2) of this section, the lessor may recover from the lessee as damages:(a)For goods accepted by the lessee and not repossessed by or effectively tendered back to the lessor and for conforming goods lost or damaged after risk of loss passes to the lessee (§57A-2A-219),(i)Accrued and unpaid rent as of the date of entry of judgment in favor of lessor,(ii)The present value as of the date determined under subparagraph (i) of the rent for the then remaining lease term of the lease agreement, and(iii)Any incidental damages allowed under §57A-2A-530, less expenses saved in consequence of the lessee's default; and(b)For goods identified to the lease contract where the lessor has never delivered the goods or has taken possession of them or the lessee has effectively tendered them back to the lessor, if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that such an effort will be unavailing,(i)Accrued and unpaid rent as of the date of entry of judgment in favor of the lessor,(ii)The present value as of the date determined under subparagraph (i) of the rent for the then remaining lease term of the lease agreement, and(iii)Any incidental damages allowed under §57A-2A-530, less expenses saved in consequence of the lessee's default.(2)Except as provided in subsection (3) of this section, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.(3)The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1) of this section. If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages will be governed by §57A-2A-527 or 57A-2A-528, and the lessor will cause an appropriate credit to be provided against any judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to §57A-2A-527 or 57A-2A-528.(4)Payment of the judgment for damages obtained pursuant to subsection (1) of this section entitles the lessee to use and possession of the goods not then disposed of for the remaining lease term of the lease agreement, provided that the lessee complies with all other terms and conditions of the lease agreement.(5)After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (§57A-2A-402), a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under §§57A-2A-527 and 57A-2A-528. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §25.
SD Codified L § 57A-2A-530 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-530 - Lessor's incidental damages.

57A-2A-530. Lessor's incidental damages.Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-530.1 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-530.1 - Lessor's right to recover for damage to residual interest.

57A-2A-530.1. Lessor's right to recover for damage to residual interest.In addition to any other recovery permitted by this chapter, the lessor shall be entitled to recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee. Source: SL 1990, ch 390, §26.
SD Codified L § 57A-2A-531 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-531 - Standing to sue third parties for injury to goods.

57A-2A-531. Standing to sue third parties for injury to goods.(1)If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee:(i)Has a security interest in the goods;(ii)Has an insurable interest in the goods; or(iii)Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.(2)If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract.(3)Either party with the consent of the other may sue for the benefit of whom it may concern. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-3-101 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-101 - Short title.

57A-3-101. Short title.This chapter may be cited as Uniform Commercial Code--Negotiable Instruments. Source: SL 1994, ch 367, §3-101.
SD Codified L § 57A-3-102 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-102 - Subject matter.

57A-3-102. Subject matter.(a) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by chapter 57A-4A, or to securities governed by chapter 57A-8.(b) If there is conflict between this chapter and chapter 57A-4 or 57A-9, chapters 57A-4 and 57A-9 govern.(c) Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this article to the extent of the inconsistency. Source: SL 1994, ch 367, §3-102.
SD Codified L § 57A-3-104 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-104 - Negotiable instrument.

57A-3-104. Negotiable instrument.(a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:(1)Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;(2)Is payable on demand or at a definite time; and(3)Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.(b) "Instrument" means a negotiable instrument.(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.(e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."(g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.(h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.(i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank. Source: SL 1994, ch 367, §3-104.
SD Codified L § 57A-3-105 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-105 - Issue of instrument.

57A-3-105. Issue of instrument.(a) "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.(c) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument. Source: SL 1994, ch 367, §3-105.
SD Codified L § 57A-3-106 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-106 - Unconditional promise or order.

57A-3-106. Unconditional promise or order.(a) Except as provided in this section, for the purposes of §57A-3-104(a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional.(b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.(c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of §57A-3-104(a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.(d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of §57A-3-104(a); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument. Source: SL 1994, ch 367, §3-106.
SD Codified L § 57A-3-107 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-107 - Instrument payable in foreign money.

57A-3-107. Instrument payable in foreign money.Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid. Source: SL 1994, ch 367, §3-107.
SD Codified L § 57A-3-108 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-108 - Payable on demand or at definite time.

57A-3-108. Payable on demand or at definite time.(a) A promise or order is "payable on demand" if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder, or (ii) does not state any time of payment.(b) A promise or order is "payable at a definite time" if it is payable on elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment, (ii) acceleration, (iii) extension at the option of the holder, or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event.(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date. Source: SL 1994, ch 367, §3-108.
SD Codified L § 57A-3-109 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-109 - Payable to bearer or to order.

57A-3-109. Payable to bearer or to order.(a) A promise or order is payable to bearer if it:(1)States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;(2)Does not state a payee; or(3)States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.(b) A promise or order that is not payable to bearer is payable to order if it is payable (i) to the order of an identified person or (ii) to an identified person or order. A promise or order that is payable to order is payable to the identified person.(c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to §57A-3-205(a). An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to §57A-3-205(b). Source: SL 1994, ch 367, §3-109.
SD Codified L § 57A-3-111 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-111 - Place of payment.

57A-3-111. Place of payment.Except as otherwise provided for items in chapter 57A-4, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker. Source: SL 1994, ch 367, §3-111.
SD Codified L § 57A-3-112 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-112 - Interest.

57A-3-112. Interest.(a) Unless otherwise provided in the instrument, (i) an instrument is not payable with interest, and (ii) interest on an interest-bearing instrument is payable from the date of the instrument.(b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues. Source: SL 1994, ch 367, §3-112.
SD Codified L § 57A-3-113 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-113 - Date of instrument.

57A-3-113. Date of instrument.(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in §57A-4-401(c), an instrument payable on demand is not payable before the date of the instrument.(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder. Source: SL 1994, ch 367, §3-113.
SD Codified L § 57A-3-114 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-114 - Contradictory terms of instrument.

57A-3-114. Contradictory terms of instrument.If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. Source: SL 1994, ch 367, §3-114.
SD Codified L § 57A-3-115 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-115 - Incomplete instrument.

57A-3-115. Incomplete instrument.(a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.(b) Subject to subsection (c), if an incomplete instrument is an instrument under §57A-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under §57A-3-104, but, after completion, the requirements of §57A-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under §57A-3-407.(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. Source: SL 1994, ch 367, §3-115.
SD Codified L § 57A-3-116 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-116 - Joint and several liability--Contribution.

57A-3-116. Joint and several liability--Contribution.(a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.(b) Except as provided in §57A-3-419(e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of a party having the same joint and several liability to receive contribution from the party discharged. Source: SL 1994, ch 367, §3-116.
SD Codified L § 57A-3-117 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-117 - Other agreements affecting instrument.

57A-3-117. Other agreements affecting instrument.Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation. Source: SL 1994, ch 367, §3-117.
SD Codified L § 57A-3-118 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 03 - Negotiable Instruments|Section 57A-3-118 - Statute of limitations.

57A-3-118. Statute of limitations.(a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years.(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three years after the (cause of action) accrues. Source: SL 1994, ch 367, §3-118.