reglab/housing_qa huggingface dataset:
SC Code § 36-3-405 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-405. Employer's responsibility for fraudulent indorsement by employee.

 (a) In this section:  (1) "Employee" includes an independent contractor and employee of an independent contractor retained by the employer.  (2) "Fraudulent indorsement" means (i) in the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer, or (ii) in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.  (3) "Responsibility" with respect to instruments means authority (i) to sign or indorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. "Responsibility" does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.  (b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.  (c) Under Subsection (b), an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.  HISTORY: 1962 Code Section 10.3-405; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-406 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-406. Negligence contributing to forged signature or alteration of instrument.

 (a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.  (b) Under Subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.  (c) Under Subsection (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under Subsection (b), the burden of proving failure to exercise ordinary care is on the person precluded.  HISTORY: 1962 Code Section 10.3-406; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-407 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-407. Alteration.

 (a) "Alteration" means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.  (b) Except as provided in Subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.  (c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.  HISTORY: 1962 Code Section 10.3-407; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-408 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-408. Drawee not liable on unaccepted draft.

 A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.  HISTORY: 1962 Code Section 10.3-408; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-409 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-409. Acceptance of draft; certified check.

 (a) "Acceptance" means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.  (b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.  (c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.  (d) "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in Subsection (a) or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.  HISTORY: 1962 Code Section 10.3-409; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-410 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-410. Acceptance varying draft.

 (a) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.  (b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.  (c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.  HISTORY: 1962 Code Section 10.3-410; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-411 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-411. Refusal to pay cashier's check, teller's check, and certified check.

 (a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.  (b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.  (c) Expenses or consequential damages under Subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law.  HISTORY: 1962 Code Section 10.3-411; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-412 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-412. Obligation of issuer of note or cashier's check.

 The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 36-3-115 and 36-3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under Section 36-3-415.  HISTORY: 1962 Code Section 10.3-412; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-413 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-413. Obligation of acceptor.

 (a) The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms, (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied, or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in Sections 36-3-115 and 36-3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Section 36-3-414 or 36-3-415.  (b) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of the instrument is subsequently raised, and (iii) the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.  HISTORY: 1962 Code Section 10.3-413; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-414 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-414. Obligation of drawer.

 (a) This section does not apply to cashier's checks or other drafts drawn on the drawer.  (b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 36-3-115 and 36-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under Section 36-3-415.  (c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.  (d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under Section 36-3-415(a) and (c).  (e) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.  (f) If (i) a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.  HISTORY: 1962 Code Section 10.3-414; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-415 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-415. Obligation of indorser.

 (a) Subject to Subsections (b), (c), (d), (e) and to Section 36-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in Sections 36-3-115 and 36-3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.  (b) If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under Subsection (a) to pay the instrument.  (c) If notice of dishonor of an instrument is required by Section 36-3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under Subsection (a) is discharged.  (d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under Subsection (a) is discharged.  (e) If an indorser of a check is liable under Subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under Subsection (a) is discharged.  HISTORY: 1962 Code Section 10.3-415; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-416 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-416. Transfer warranties.

 (a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:  (1) the warrantor is a person entitled to enforce the instrument;  (2) all signatures on the instrument are authentic and authorized;  (3) the instrument has not been altered;  (4) the instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor;  (5) the warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and  (6) with respect to a remotely-created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.  (b) A person to whom the warranties under Subsection (a) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.  (c) The warranties stated in Subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) is discharged to the extent of any loss caused by the delay in giving notice of the claim.  (d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.  HISTORY: 1962 Code Section 10.3-416; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-418 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-418. Payment for acceptance by mistake.

 (a) Except as provided in Subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to Section 36-4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.  (b) Except as provided in Subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.  (c) The remedies provided by Subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by Section 36-3-417 or 36-4-407.  (d) Notwithstanding Section 36-4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under Subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.  HISTORY: 1962 Code Section 10.3-418; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-420 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-420. Conversion of instrument.

 (a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.  (b) In an action under Subsection (a), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.  (c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.  HISTORY: 2008 Act No. 204, Section 2, eff July 1, 2008.
SC Code § 36-3-501 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 3 - Commercial Code - Negotiable Instruments|Section 36-3-501. Presentment.

 (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.  (b) The following rules are subject to Chapter 4, agreement of the parties, and clearing-house rules and the like:  (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.  (2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.  (3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.  (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.  HISTORY: 1962 Code Section 10.3-501; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.