reglab/housing_qa huggingface dataset:
SC Code § 36-2A-523 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-523. Lessor ' s remedies.

 (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Section 36-2A-510), the lessee is in default under the lease contract and the lessor may:  (a) cancel the lease contract (Section 36-2A-505(1));  (b) proceed respecting goods not identified to the lease contract ( Section 36-2A-524);  (c) withhold delivery of the goods and take possession of goods previously delivered (Section 36-2A-525);  (d) stop delivery of the goods by any bailee (Section 36-2A-526);  (e) dispose of the goods and recover damages (Section 36-2A-527), or retain the goods and recover damages (Section 36-2A-528), or in a proper case recover rent (Section 36-2A-529);  (f) exercise any other rights or pursue any other remedies provided in the lease contract.  (2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.  (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:  (a) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or  (b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-524 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-524. Lessor ' s right to identify goods to lease contract.

 (1) After default by the lessee under the lease contract of the type described in Section 36-2A-523(1) or Section 36-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor may:  (a) identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and  (b) dispose of goods (Section 36-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.  (2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-525 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-525. Lessor ' s right to possession of goods.

 (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.  (2) After a default by the lessee under the lease contract of the type described in Section 36-2A-523(1) or 36-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (Section 36-2A-527).  (3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-526 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-526. Lessor ' s stoppage of delivery in transit or otherwise.

 (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.  (2) In pursuing its remedies under subsection (1), the lessor may stop delivery until  (a) receipt of the goods by the lessee;  (b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or  (c) such an acknowledgment to the lessee by a carrier via reshipment or as warehouseman.  (3)(a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.  (b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.  (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-527 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-527. Lessor ' s rights to dispose of goods.

 (1) After a default by a lessee under the lease contract of the type described in Section 36-2A-523(1) or 36-2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (Section 36-2A-525 or 36-2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale, or otherwise.  (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 36-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 36-1-302 and 36-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under Section 36-2A-530, less expenses saved in consequence of the lessee's default.  (3) If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2), or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and Section 36-2A-528 governs.  (4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.  (5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (Section 36-2A-508(5)).  HISTORY: 2001 Act No. 67, Section 2; 2014 Act No. 213 (S.343), Section 22, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 22, in subsection (2), substituted "36-1-302" for "36-1-102(3)".
SC Code § 36-2A-528 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-528. Lessor ' s damages for nonacceptance, failure to pay, repudiation, or other default.

 (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 36-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 36-1-302 and 36-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Section 36-2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Section 36-2A-523(1) or 36-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under Section 36-2A-530, less expenses saved in consequence of the lessee's default.  (2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under Section 36-2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.  HISTORY: 2001 Act No. 67, Section 2; 2014 Act No. 213 (S.343), Section 23, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 23, in subsection (1), substituted "36-1-302" for "36-1-102(3)".
SC Code § 36-2A-529 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-529. Lessor ' s action for the rent.

 (1) After default by the lessee under the lease contract of the type described in Section 36-2A-523(1) or 36-2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages:  (a) for goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (Section 36-2A-219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 36-2A-530, less expenses saved in consequence of the lessee's default; and  (b) for goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, ( ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 36-2A-530, less expenses saved in consequence of the lessee's default.  (2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.  (3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by Section 36-2A-527 or Section 36-2A-528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to Section 36-2A-527 or 36-2A-528.  (4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.  (5) After default by the lessee under the lease contract of the type described in Section 36-2A-523(1) or Section 36-2A-523(3)(a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under Section 36-2A-527 or Section 36-2A-528.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-530 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-530. Lessor ' s incidental damages.

 Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-531 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-531. Standing to sue third parties for injury to goods.

 (1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee:  (i) has a security interest in the goods;  (ii) has an insurable interest in the goods; or  (iii) bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.  (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract.  (3) Either party with the consent of the other may sue for the benefit of whom it may concern.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-532 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-532. Lessor ' s rights to residual interest.

 In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-3-101 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-101. Short title.

 This chapter may be cited as Uniform Commercial Code-Negotiable Instruments.  HISTORY: 1962 Code Section 10.3-101; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-102 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-102. Subject matter.

 (a) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by Chapter 4A, or to securities governed by Chapter 8.  (b) If there is conflict between this chapter and Chapter 4 or 9, Chapters 4 and 9 govern.  (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.  HISTORY: 1962 Code Section 10.3-102; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-104 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-104. Negotiable instrument.

 (a) Except as provided in Subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:  (1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;  (2) is payable on demand or at a definite time; and  (3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.  (b) "Instrument" means a negotiable instrument.  (c) An order that meets all of the requirements of Subsection (a), except Paragraph (1), and otherwise falls within the definition of "check" in Subsection (f) is a negotiable instrument and a check.  (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Chapter.  (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.  (f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."  (g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.  (h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.  (i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.  (j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.  HISTORY: 1962 Code Section 10.3-104; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-105 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-105. Issue of instrument.

 (a) "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.  (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.  (c) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.  HISTORY: 1962 Code Section 10.3-105; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-106 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-106. Unconditional promise or order.

 (a) Except as provided in this section, for the purposes of Section 36-3-104(a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another record, or (iii) that rights or obligations with respect to the promise or order are stated in another record. A reference to another record does not of itself make the promise or order conditional.  (b) A promise or order is not made conditional (i) by a reference to another record for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.  (c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of Section 36-3-104(a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.  (d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of Section 36-3-104(a); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.  HISTORY: 1962 Code Section 10.3-106; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-107 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-107. Instrument payable in foreign money.

 Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.  HISTORY: 1962 Code Section 10.3-107; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.