South Dakota § 57A-2-614 - Substituted performance.

Full text of South Dakota South Dakota Codified Laws § 57A-2-614 — Substituted performance., with citation guidance and answers to common questions.

§ 57A-2-614. Substituted performance.

(1)    Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.

(2)    If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory.

Source: SL 1966, ch 150, § 2-614; SDCL, §§ 57-7-35, 57-7-36.

Frequently Asked Questions About South Dakota § 57A-2-614

What does South Dakota Codified Laws § 57A-2-614 cover?

Section 57A-2-614 ("Substituted performance.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. 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 Dakota § 57A-2-614?

A common citation format is "South Dakota Codified Laws § 57A-2-614" (South Dakota). 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 Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 57A-2-614 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota 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 Dakota.