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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 39-73-370: Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.

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Where this section sits in the code
  1. Title 39 - TRADE AND COMMERCE
  2. CHAPTER 73 State Commodity Code
  3. ARTICLE 3 Administration and Enforcement

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.

Collected 2026-09-02T07:19:29Z. Source file · JSON

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