8-1717.01. Failure to make physical delivery; defense.
130 words·~1 min read·
/ne/chapter-8/8-1717-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be a defense in any complaint, information, indictment, writ, or proceeding brought under the Commodity Code alleging a violation of section 8-1717 based solely on the failure in an individual case to make physical delivery within the applicable time period under subdivisions (1)(b) and
(e)of section 8-1719 if
(1)the failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, limited liability company members, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller or any of them, or the seller's affiliates, subsidiaries, or successors and
(2)physical delivery was completed within a reasonable time under the applicable circumstances.