reglab/housing_qa huggingface dataset:
SD Codified L § 57A-2A-209 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-209 - Lessee under finance lease as beneficiary of supply contract.

57A-2A-209. Lessee under finance lease as beneficiary of supply contract.(1)The benefit of the supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, under the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but subject to the terms of the supply contract and all of the supplier's defenses or claims arising therefrom.(2)The extension of the benefit of the supplier's promises and warranties to the lessee in subsection (1) of this section does not: (a) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (b) impose any duty or liability under the supply contract on the lessee.(3)Any modification or rescission of the supply contract by the supplier and the lessor is effective against the lessee unless, prior to the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor. The lessee's recovery from such action shall put the lessee in as good a position as if the modification or rescission had not occurred.(4)In addition to the extension of the benefit of the supplier's promises and warranties to the lessee under subsection (1) of this section, the lessee retains all rights and remedies which the lessee may have against the supplier that arise from any agreement between the lessee and the supplier or from any other law. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §6.
SD Codified L § 57A-2A-210 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-210 - Express warranties.

57A-2A-210. Express warranties.(1)Express warranties by the lessor are created as follows:(a)Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.(b)Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.(c)Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.(2)It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-211 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-211 - Warranties against interference and against infringement; lessee's obligation against infringement.

57A-2A-211. Warranties against interference and against infringement; lessee's obligation against infringement.(1)There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest.(2)Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.(3)A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-212 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-212 - Implied warranty of merchantability.

57A-2A-212. Implied warranty of merchantability.(1)Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.(2)Goods to be merchantable must be at least such as(a)Pass without objection in the trade under the description in the lease agreement;(b)In the case of fungible goods, are of fair average quality within the description;(c)Are fit for the ordinary purposes for which goods of that type are used;(d)Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;(e)Are adequately contained, packaged and labeled as the lease agreement may require; and(f)Conform to any promises or affirmations of fact made on the container or label.(3)Other implied warranties may arise from course of dealing or usage of trade. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-213 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-213 - Implied warranty of fitness for particular purpose.

57A-2A-213. Implied warranty of fitness for particular purpose.Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-214 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-214 - Exclusion or modification of warranties.

57A-2A-214. Exclusion or modification of warranties.(1)Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of §57A-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.(2)Subject to subsection (3) of this section, to exclude or modify the implied warranty of merchantability or any part of it the language must mention "merchantability," be by a writing, and be conspicuous. Subject to subsection (3) of this section, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose."(3)Notwithstanding subsection (2) of this section, but subject to subsection (4) of this section,(a)Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;(b)If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and(c)An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.(4)To exclude or modify a warranty against interference or against infringement pursuant to §57A-2A-211, or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-215 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-215 - Cumulation and conflict of warranties express or implied.

57A-2A-215. Cumulation and conflict of warranties express or implied.Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:(a)Exact or technical specifications displace an inconsistent sample or model or general language of description.(b)A sample from an existing bulk displaces inconsistent general language of description.(c)Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-216 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-216 - Third party beneficiaries of express and implied warranties.

57A-2A-216. Third party beneficiaries of express and implied warranties.A warranty to or for the benefit of a lessee under this chapter, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee's home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-217 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-217 - Identification.

57A-2A-217. Identification.Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:(a)When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;(b)When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or(c)When the young are conceived, if the lease contract is for a lease of unborn young of animals. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-218 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-218 - Insurance and proceeds.

57A-2A-218. Insurance and proceeds.(1)A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.(2)If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.(3)Notwithstanding a lessee's insurable interest under subsections (1) and (2) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.(4)Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.(5)The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-219 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-219 - Risk of loss.

57A-2A-219. Risk of loss.(1)Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.(2)Subject to the provisions of this chapter on the effect of default on risk of loss in §57A-2A-220, if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:(a)If the lease contract requires or authorizes the goods to be shipped by carrier:(i)And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but(ii)If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.(b)If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods.(c)In any case not within subsection (a) or subsection (b) of this section, the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise, the risk passes to the lessee on tender of delivery. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-220 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-220 - Effect of default on risk of loss.

57A-2A-220. Effect of default on risk of loss.(1)Where risk of loss is to pass to the lessee and the time of passage is not stated:(a)If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.(b)If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.(2)Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-221 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-221 - Casualty to identified goods.

57A-2A-221. Casualty to identified goods.If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or §57A-2A-219, then:(a)If the loss is total, the lease contract is avoided; and(b)If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §7.
SD Codified L § 57A-2A-301 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-301 - Enforceability of lease contract.

57A-2A-301. Enforceability of lease contract.Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-302 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-302 - Title to and possession of goods.

57A-2A-302. Title to and possession of goods.Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-304 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-304 - Subsequent lease of goods by lessor.

57A-2A-304. Subsequent lease of goods by lessor.(1)Subject to the provisions of §57A-2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) of this section and §57A-2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of purchase the lessor has that power even though:(a)The lessor's transferor was deceived as to the identity of the lessor;(b)The delivery was in exchange for a check which is later dishonored;(c)It was agreed that the transaction was to be a "cash sale"; or(d)The delivery was procured through fraud punishable as larcenous under the criminal law.(2)A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods and takes free of the existing lease contract.(3)A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §9.
SD Codified L § 57A-2A-305 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-305 - Sale or sublease of goods by lessee.

57A-2A-305. Sale or sublease of goods by lessee.(1)Subject to the provisions of §57A-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection (2) of this section and §57A-2A-511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though:(a)The lessor was deceived as to the identity of the lessee;(b)The delivery was in exchange for a check which is later dishonored; or(c)The delivery was procured through fraud punishable as larcenous under the criminal law.(2)A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.(3)A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-306 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-306 - Priority of certain liens arising by operation of law.

57A-2A-306. Priority of certain liens arising by operation of law.If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this chapter unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise. Source: SL 1989, ch 419, §1.
SD Codified L § 57A-2A-307 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-307 - Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

57A-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.(1)Except as otherwise provided in §57A-2A-306, a creditor of a lessee takes subject to the lease contract.(2)Except as otherwise provided in subsection (3) of this section and in §§57A-2A-306 and 57A-2A-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.(3)Except as otherwise provided in Sections 9-317, 9-321, and 9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §10; SL 2000, ch 231, §9.
SD Codified L § 57A-2A-308 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 02A - Leases|Section 57A-2A-308 - Special rights of creditors.

57A-2A-308. Special rights of creditors.(1)A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or void under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent or void.(2)Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract is made under circumstances which under any statute or rule of law apart from this chapter would constitute the transaction of a fraudulent transfer or voidable preference.(3)A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith. Source: SL 1989, ch 419, §1; SL 1990, ch 390, §11.