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
Effective May 22, 20251993 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.
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.