South Carolina § 39-73-370 - Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.
Full text of South Carolina South Carolina Code of Laws § 39-73-370 — Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time., with citation guidance and answers to common questions.
§ 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.
It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if:
(1) failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors; or
(2) physical delivery was completed within a reasonable time under the applicable circumstances.
HISTORY: 1993 Act No. 68, SECTION 1, eff 200 days after approval (approved May 14, 1993); 2025 Act No. 67 (H.4247), SECTION 11, eff May 22, 2025.
Effect of Amendment
2025 Act No. 67, SECTION 11, in (1), made a nonsubstantive change.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 39-73-370
What does South Carolina Code of Laws § 39-73-370 cover?
Section 39-73-370 ("Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 39-73-370?
A common citation format is "South Carolina Code of Laws § 39-73-370" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 39-73-370 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.