reglab/housing_qa huggingface dataset:
SC Code § 36-2-719 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-719. Contractual modification or limitation of remedy.

 (1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section (Section 36-2-718) on liquidation and limitation of damages,  (a) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and  (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.  (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this act.  (3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.  HISTORY: 1962 Code Section 10.2-719; 1966 (54) 2716.  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.
SC Code § 36-2-720 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.

 Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.  HISTORY: 1962 Code Section 10.2-720; 1966 (54) 2716.
SC Code § 36-2-721 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-721. Remedies for fraud.

 Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.  HISTORY: 1962 Code Section 10.2-721; 1966 (54) 2716.
SC Code § 36-2-722 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-722. Who can sue third parties for injury to goods.

 Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract  (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;  (b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; but such plaintiff shall promptly notify the other party of the institution of such action, and the other party shall have the right to intervene in such action; provided, however, that neither party shall have the right to settle the claim or right of action without the consent in writing of the other party;  (c) either party may with the consent of the other sue for the benefit of whom it may concern.  HISTORY: 1962 Code Section 10.2-722; 1966 (54) 2716.
SC Code § 36-2-723 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-723. Proof of market price; time and place.

 (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section 36-2-708 or 36-2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.  (2) If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.  (3) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.  HISTORY: 1962 Code Section 10.2-723; 1966 (54) 2716.
SC Code § 36-2-724 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-724. Admissibility of market quotations.

 Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.  HISTORY: 1962 Code Section 10.2-724; 1966 (54) 2716.
SC Code § 36-2-725 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-725. Statute of limitations in contracts for sale.

 (1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued.  (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.  (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.  (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this act becomes effective.  HISTORY: 1962 Code Section 10.2-725; 1966 (54) 2716.  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.
SC Code § 36-2-801 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-801. Definitions.

 As used in this chapter "person" includes an individual, his executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this State and whether or not organized under the laws of this State.  HISTORY: 1962 Code Section 10.2-801; 1966 (54) 2716.  Editor's Note  Part 8 of this chapter was re-enacted without change by 1972 Act No. 1343 (1972 (57) 2518), the preamble to which act reads as follows:  "Whereas, Part 8 of Article 2 of Act 1065 of 1966 was added to the act by amendment from the floor during its debate and passage in the General Assembly and the amendment was not reflected in the title of the act and has been held in the circuit courts of the State to be invalid because the amendment did not meet the requirements of Section 17 of Article III of the Constitution of this State which states 'Every act or resolution having the force of law shall relate to but one subject and that shall be expressed in the title', and.  "Whereas, in order to make the provisions of Part 8 of Article 2 valid, the members of the General Assembly believe that Part 8 of Article 2 as reenacted herein shall cure any constitutional invalidity and that after passage of this act no constitutional question shall attach to the provisions thereof."
SC Code § 36-2-802 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-802. Personal jurisdiction based upon enduring relationship.

 A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, doing business, or maintaining his or its principal place of business in, this State as to any cause of action.  HISTORY: 1962 Code Section 10.2-802; 1966 (54) 2716.
SC Code § 36-2-803 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-803. Personal jurisdiction based upon conduct.

 (A) A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's:  (1) transacting any business in this State;  (2) contracting to supply services or things in the State;  (3) commission of a tortious act in whole or in part in this State;  (4) causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State;  (5) having an interest in, using, or possessing real property in this State;  (6) contracting to insure any person, property, or risk located within this State at the time of contracting;  (7) entry into a contract to be performed in whole or in part by either party in this State; or  (8) production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.  (B) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him.  HISTORY: 1962 Code Section 10.2-803; 1966 (54) 2716; 2005 Act No. 27, Section 8, eff July 1, 2005, applicable to causes of action arising after that date.  Effect of Amendment  The 2005 amendment redesignated subsection (1) as subsection (A), subsections (1)(a) to (1)(h) as subsections (B)(1) to (B)(8), and subsection (2) as subsection (B); and in subsection (B), deleted at the end ", and such action, if brought in this State, shall not be subject to the provisions of Section 15-7-100(3)".
SC Code § 36-2-804 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-804. Service outside the State.

 When the exercise of personal jurisdiction is authorized by this section, service may be made outside the State.  HISTORY: 1962 Code Section 10.2-804; 1966 (54) 2716.
SC Code § 36-2-805 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-805. Other bases of jurisdiction unaffected.

 A court of this State may exercise jurisdiction on any other basis authorized by law.  HISTORY: 1962 Code Section 10.2-805; 1966 (54) 2716.
SC Code § 36-2-806 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-806. Manner and proof of service.

 (1) When the law of this State authorizes service outside this State, the service, when reasonably calculated to give actual notice, may be made:  (a) by personal delivery in the manner prescribed for service within the State;  (b) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;  (c) by registered or certified mail as provided in Rule 4(d)(8) of the South Carolina Rules of Civil Procedure addressed only to the person to be served and requiring a return receipt showing the acceptance by the defendant. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8); or  (d) as directed by the court.  (2) Proof of service outside this State may be made by affidavit of the individual who made the service or in the manner prescribed by law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made pursuant to item (c) of subsection (1) of this section, proof of service shall include a receipt signed by the addressee.  HISTORY: 1962 Code Section 10.2-806; 1966 (54) 2716; 1993 Act No. 42, Section 3.
SC Code § 36-2-807 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-807. Individuals eligible to make service.

 Service outside this State may be made by an individual permitted to make service of process under the law of this State or under the law of the place in which the service is made or who is designated by a court of this State.  HISTORY: 1962 Code Section 10.2-807; 1966 (54) 2716.
SC Code § 36-2-808 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-808. Individuals to be served; special cases.

 When the law of this State requires that in order to effect service one or more designated individuals be served, service outside the State under this section must be made upon the designated individual or individuals.  HISTORY: 1962 Code Section 10.2-808; 1966 (54) 2716.
SC Code § 36-2-809 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2 - Commercial Code - Sales|Section 36-2-809. Other provisions of law unaffected.

 This chapter does not repeal or modify any other law of this State permitting another procedure for service.  HISTORY: 1962 Code Section 10.2-809; 1966 (54) 2716.
SC Code § 36-2A-101 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-101. Short title.

 This chapter may be cited as the Uniform Commercial Code-Leases.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-102 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-102. Scope.

 This chapter applies to any transaction, regardless of form, that creates a lease.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-104 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-104. Leases subject to other law.

 (1) A lease, although subject to this chapter, is also subject to any applicable:  (a) certificate of title statute of this State;  (b) certificate of title statute of another jurisdiction (Section 36-2A-105); or  (c) consumer protection statute of this State, or final consumer protection decision of a court of this State existing on the effective date of this chapter.  (2) In case of conflict between this chapter, other than Sections 36-2A-105, 36-2A-304(3), and 36-2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.  (3) Failure to comply with an applicable law has only the effect specified therein.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-105 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-105. Territorial application of chapter to goods covered by certificate of title.

 Subject to the provisions of Sections 36-2A-304(3) and 36-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-106 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

 (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable.  (2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-107 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-107. Waiver or renunciation of claim or right after default.

 Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-108 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-108. Unconscionability.

 (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.  (2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.  (3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause, or of the conduct.  (4) In an action in which the lessee claims unconscionability with respect to a consumer lease:  (a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.  (b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.  (c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-109 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-109. Option to accelerate at will.

 (1) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he deems himself insecure" or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.  (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-201 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-201. Statute of frauds.

 (1) A lease contract is not enforceable by way of action or defense unless:  (a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars; or  (b) there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.  (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.  (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.  (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:  (a) if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;  (b) if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or  (c) with respect to goods that have been received and accepted by the lessee.  (5) The lease term under a lease contract referred to in subsection (4) is:  (a) the term so specified if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term;  (b) the term so admitted if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term; or  (c) a reasonable lease term.  HISTORY: 2001 Act No. 67, Section 2.
SC Code § 36-2A-202 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 2A - Commercial Code - Leases|Section 36-2A-202. Final written expression: parol or extrinsic evidence.

 Terms with respect to which the confirmatory memoranda of the parties agree or which are set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:  (a) by course of dealing or usage of trade or by course of performance; and  (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.  HISTORY: 2001 Act No. 67, Section 2.