reglab/housing_qa huggingface dataset:
SC Code § 36-1-108 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-108. Relation to Electronic Signatures in Global and National Commerce Act.

 This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this title modifies, limits, or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that act.  HISTORY: 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENT  Source: New  1. The federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq. became effective in 2000. Section 102(a) of that Act provides that a State statute may modify, limit, or supersede the provisions of section 101 of that Act with respect to state law if such statute, inter alia, specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, and (i) such alternative procedures or requirements are consistent with Titles I and II of that Act, (ii) such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and (iii) if enacted or adopted after the date of the enactment of that Act, makes specific reference to that Act. Article 1 fulfills the first two of those three criteria; this Section fulfills the third criterion listed above.  2. As stated in this section, however, Article 1 does not modify, limit, or supersede Section 101(c) of the Electronic Signatures in Global and National Commerce Act (requiring affirmative consent from a consumer to electronic delivery of transactional disclosures that are required by state law to be in writing); nor does it authorize electronic delivery of any of the notices described in Section 103(b) of that Act.  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."
SC Code § 36-1-109 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-109. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

 Editor's Note  Former Section 36-1-109 was titled Section captions and was derived from 1962 Code Section 10.1-109; 1966 (54) 2716, see now Section 36-1-107.
SC Code § 36-1-204 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-204. Value.

 Except as otherwise provided in Chapters 3, 4, 4A, 5, and 6 of this title, a person gives value for rights if the person acquires them:  (a) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or  (b) as security for, or in total or partial satisfaction of, a preexisting claim; or  (c) by accepting delivery under a preexisting contract for purchase; or  (d) in return for any consideration sufficient to support a simple contract.  HISTORY: 1962 Code Section 10.1-201; 1966 (54) 2716; 1988 Act No. 494, Section 2; 1991 Act No. 161, Section 2(A); 2001 Act No. 67, Section 3; former 1976 Code Section 36-1-201; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENT  Source: Former Section 1-201(44).  Changes from former law: Unchanged from former Section 1-201, which was derived from Sections 25, 26, 27, 191, Uniform Negotiable Instruments Law; Section 76, Uniform Sales Act; Section 53, Uniform Bills of Lading Act; Section 58, Uniform Warehouse Receipts Act; Section 22(1), Uniform Stock Transfer Act; Section 1, Uniform Trust Receipts Act. These provisions are substantive rather than purely definitional. Accordingly, they have been relocated from former Section 1-201 to this section.  1. All the Uniform Acts in the commercial law field (except the Uniform Conditional Sales Act) have carried definitions of "value." All those definitions provided that value was any consideration sufficient to support a simple contract, including the taking of property in satisfaction of or as security for a pre-existing claim. Subsections (1), (2), and (4) in substance continue the definitions of "value" in the earlier acts. Subsection (3) makes explicit that "value" is also given in a third situation: where a buyer by taking delivery under a pre-existing contract converts a contingent into a fixed obligation.  This definition is not applicable to Articles 3 and 4, but the express inclusion of immediately available credit as value follows the separate definitions in those Articles. See Sections 4-208, 4-209, 3-303. A bank or other financing agency which in good faith makes advances against property held as collateral becomes a bona fide purchaser of that property even though provision may be made for charge-back in case of trouble. Checking credit is "immediately available" within the meaning of this section if the bank would be subject to an action for slander of credit in case checks drawn against the credit were dishonored, and when a charge-back is not discretionary with the bank, but may only be made when difficulties in collection arise in connection with the specific transaction involved.  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."
SC Code § 36-1-205 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-205. Reasonable time; seasonableness.

 (a) Whether a time for taking an action required by the Uniform Commercial Code is reasonable depends on the nature, purpose, and circumstances of the action.  (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.  HISTORY: 1962 Code Section 10.1-204; 1966 (54) 2716; former 1976 Code Section 36-1-204; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENT  Source: Former Section 1-204(2)-(3).  Changes from former law: This section is derived from subsections (2) and (3) of former Section 1-204. Subsection (1) of that section is now incorporated in Section 1-302(b).  1. Subsection (a) makes it clear that requirements that actions be taken within a "reasonable" time are to be applied in the transactional context of the particular action.  2. Under subsection (b), the agreement that fixes the time need not be part of the main agreement, but may occur separately. Notice also that under the definition of "agreement" (Section 1-201) the circumstances of the transaction, including course of dealing or usages of trade or course of performance may be material. On the question what is a reasonable time these matters will often be important.  Editor's Note  "This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.  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."
SC Code § 36-1-206 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-206. Presumptions.

 Whenever the provisions of this title create a "presumption" with respect to a fact, or provide that a fact is "presumed", the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.  HISTORY: 1962 Code Section 10.1-201; 1966 (54) 2716; 1988 Act No. 494, Section 2; 1991 Act No. 161, Section 2(A); 2001 Act No. 67, Section 3; former 1976 Code Section 36-1-201; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENT  Source: Former Section 1-201(31).  Changes from former law. None, other than stylistic changes.  1. Several sections of the Uniform Commercial Code state that there is a "presumption" as to a certain fact, or that the fact is "presumed." This section, derived from the definition appearing in former Section 1-201(31), indicates the effect of those provisions on the proof process.  Editor's Note  Prior Laws: Former Section 36-1-206 was titled Statute of frauds for kinds of personal property not otherwise covered, and had the following history: 1962 Code Section 10.1-206; 1966 (54) 2716; 1999 Act No. 42, Section 3; omitted by 2014 Act No. 213, Section 1.  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."
SC Code § 36-1-207 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-207. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

 Editor's Note  Former Section 36-1-207 was titled Performance or acceptance under reservation of rights and was derived from 1962 Code Section 10.1-207; 1966 (54) 2716, see now Section 36-1-308.
SC Code § 36-1-208 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-208. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

 Editor's Note  Former Section 36-1-208 was titled Option to accelerate at will and was derived from 1962 Code Section 10.1-208; 1966 (54) 2716, see now Section 36-1-309.
SC Code § 36-1-304 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-304. Obligation of good faith.

 Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement.  HISTORY: 1962 Code Section 10.1-205; 1966 (54) 2716; former 1976 Code Section 36-1-203; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENTS  Source: Former Section 1-203.  Changes from former law: Except for changing the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-203.  1. This section sets forth a basic principle running throughout the Uniform Commercial Code. The principle is that in commercial transactions good faith is required in the performance and enforcement of all agreements or duties. While this duty is explicitly stated in some provisions of the Uniform Commercial Code, the applicability of the duty is broader than merely these situations and applies generally, as stated in this section, to the performance or enforcement of every contract or duty within this Act. It is further implemented by Section 1-303 on course of dealing, course of performance, and usage of trade. This section does not support an independent cause of action for failure to perform or enforce in good faith. Rather, this section means that a failure to perform or enforce, in good faith, a specific duty or obligation under the contract, constitutes a breach of that contract or makes unavailable, under the particular circumstances, are medial right or power. This distinction makes it clear that the doctrine of good faith merely directs a court towards interpreting contracts within the commercial context in which they are created, performed, and enforced, and does not create a separate duty of fairness and reasonableness which can be independently breached.  2. "Performance and enforcement" of contracts and duties within the Uniform Commercial Code include the exercise of rights created by the Uniform Commercial Code.  Editor's Note  "This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.  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."
SC Code § 36-1-305 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-305. Remedies to be liberally administered.

 (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be had except as specifically provided in the Uniform Commercial Code or by other rule of law.  (b) Any right or obligation declared by the Uniform Commercial Code is enforceable by action unless the provision declaring it specifies a different and limited effect.  HISTORY: 1962 Code Section 10.1-106; 1966 (54) 2716; former 1976 Code Section 36-1-106; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.Section  OFFICIAL COMMENTS  Source: Former Section 1-106.  Changes from former law: Other than changes in the form of reference to the Uniform Commercial Code, this section is identical to former Section 1-106.  1. Subsection (a) is intended to effect three propositions. The first is to negate the possibility of unduly narrow or technical interpretation of remedial provisions by providing that the remedies in the Uniform Commercial Code are to be liberally administered to the end stated in this section. The second is to make it clear that compensatory damages are limited to compensation. They do not include consequential or special damages, or penal damages; and the Uniform Commercial Code elsewhere makes it clear that damages must be minimized. Cf. Sections 1-304, 2-706(1), and 2-712(2). The third purpose of subsection (a) is to reject any doctrine that damages must be calculable with mathematical accuracy. Compensatory damages are often at best approximate: they have to be proved with whatever definiteness and accuracy the facts permit, but no more. Cf. Section 2-204(3).  2. Under subsection (b), any right or obligation described in the Uniform Commercial Code is enforceable by action, even though no remedy may be expressly provided, unless a particular provision specifies a different and limited effect. Whether specific performance or other equitable relief is available is determined not by this section but by specific provisions and by supplementary principles. Cf. Sections 1-103, 2-716.  3. "Consequential" or "special" damages and "penal" damages are not defined in the Uniform Commercial Code; rather, these terms are used in the sense in which they are used outside the Uniform Commercial Code.  Editor's Note  "This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.  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."
SC Code § 36-1-306 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-306. Waiver or renunciation of claim or right after breach.

 A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.  HISTORY: 1962 Code Section 10.1-107; 1966 (54) 2716; former 1976 Code Section 36-1-107; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENTS  Source: Former Section 1-107.  Changes from former law: This section changes former law in two respects. First, former Section 1-107, requiring the "delivery" of a "written waiver or renunciation" merges the separate concepts of the aggrieved party's agreement to forego rights and the manifestation of that agreement. This section separates those concepts, and explicitly requires agreement of the aggrieved party. Second, the revised section reflects developments in electronic commerce by providing for memorialization in an authenticated record. In this context, a party may "authenticate" a record by (i) signing a record that is a writing or (ii) attaching to or logically associating with a record that is not a writing an electronic sound, symbol or process with the present intent to adopt or accept the record. See Sections 1-201(b)(37) and 9-102(a)(7).  1. This section makes consideration unnecessary to the effective renunciation or waiver of rights or claims arising out of an alleged breach of a commercial contract where the agreement effecting such renunciation is memorialized in a record authenticated by the aggrieved party. Its provisions, however, must be read in conjunction with the section imposing an obligation of good faith. (Section 1-304).  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."
SC Code § 36-1-307 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-307. Prima facie evidence by third-party documents.

 A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.  HISTORY: 1962 Code Section 10.1-202; 1966 (54) 2716; former 1976 Code Section 36-1-202; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENTS  Source: Former Section 1-202.  Changes from former law: Except for minor stylistic changes, this Section is identical to former Section 1-202.  1. This section supplies judicial recognition for documents that are relied upon as trustworthy by commercial parties.  2. This section is concerned only with documents that have been given a preferred status by the parties themselves who have required their procurement in the agreement, and for this reason the applicability of the section is limited to actions arising out of the contract that authorized or required the document. The list of documents is intended to be illustrative and not exclusive.  3. The provisions of this section go no further than establishing the documents in question as prima facie evidence and leave to the court the ultimate determination of the facts where the accuracy or authenticity of the documents is questioned. In this connection the section calls for a commercially reasonable interpretation.  4. Documents governed by this section need not be writings if records in another medium are generally relied upon in the context.  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."
SC Code § 36-1-308 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 1 - Commercial Code - General Provisions|Section 36-1-308. Performance or acceptance under reservation of rights.

 (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.  (b) Subsection (a) does not apply to an accord and satisfaction.  HISTORY: 1962 Code Section 10.1-207; 1966 (54) 2716; former 1976 Code Section 36-1-207; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.  OFFICIAL COMMENTS  Source: Former Section 1-207.  Changes from former law: This section is identical to former Section 1-207.  1. This section provides machinery for the continuation of performance along the lines contemplated by the contract despite a pending dispute, by adopting the mercantile device of going ahead with delivery, acceptance, or payment "without prejudice," "under protest," "under reserve," "with reservation of all our rights," and the like. All of these phrases completely reserve all rights within the meaning of this section. The section therefore contemplates that limited as well as general reservations and acceptance by a party may be made "subject to satisfaction of our purchaser," "subject to acceptance by our customers," or the like.  2. This section does not add any new requirement of language of reservation where not already required by law, but merely provides a specific measure on which a party can rely as that party makes or concurs in any interim adjustment in the course of performance. It does not affect or impair the provisions of this Act such as those under which the buyer's remedies for defect survive acceptance without being expressly claimed if notice of the defects is given within a reasonable time. Nor does it disturb the policy of those cases which restrict the effect of a waiver of a defect to reasonable limits under the circumstances, even though no such reservation is expressed.  The section is not addressed to the creation or loss of remedies in the ordinary course of performance but rather to a method of procedure where one party is claiming as of right something which the other believes to be unwarranted.  3. Subsection (b) states that this section does not apply to an accord and satisfaction. Section 3-311 governs if an accord and satisfaction is attempted by tender of a negotiable instrument as stated in that section. If Section 3-311 does not apply, the issue of whether an accord and satisfaction has been effected is determined by the law of contract. Whether or not Section 3-311 applies, this section has no application to an accord and satisfaction.  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."