(A) A person in privity of contract with another person may recover only economic loss as well as reasonable attorney's fees and costs on any claims against the other as a result of a Year 2000 problem, except that recovery based upon any of the following claims is not subject to this limitation:
(1) the claim is for personal injury to an individual; or
(2) the person defending the claim has acted with fraudulent intent or reckless disregard for the truth in the formation of the contract; or
(3) a fiduciary duty recognized by law is owed by the person defending the claim to the person bringing the claim.
(B) No claim may be made under Title 39, Chapter 5, South Carolina Unfair Trade Practices Act.
(C) Any person who successfully defends a claim based on a Year 2000 problem is entitled to recover reasonable costs and attorney's fees from the person bringing the claim if the court determines that the claim is frivolous. In determining whether or not a claim is frivolous, the court shall rely on the standards of the federal courts for the imposition of those sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure as those sanctions exist as of the date of the enactment of this article.
HISTORY: 1999 Act No. 120, Section 1.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 3 - Limitation Of Civil Actions
Section 15-3-20. General rule as to time for commencement.
Section 15-3-30. Exceptions where defendant is out of State.
Section 15-3-40. Exceptions as to persons under disability.
Section 15-3-50. Disability must exist when right accrued.
Section 15-3-60. Effect of two or more disabilities.
Section 15-3-80. Suits by and against enemy aliens.
Section 15-3-90. Effect of reversal of judgment.
Section 15-3-100. Effect of stay of action by injunction or statutory prohibition.
Section 15-3-120. Effect of new promises in writing or part payments.
Section 15-3-140. Contract provision shortening statutory period.
Section 15-3-150. No civil action for criminal conversation permitted.
Section 15-3-210. Short title.
Section 15-3-220. Legislative intent.
Section 15-3-230. Definitions.
Section 15-3-250. Claims pending prior to approval of this article.
Section 15-3-255. Contract provisions.
Section 15-3-260. Severability of provisions of this article.
Section 15-3-310. Action by State.
Section 15-3-320. Action by grantee from State.
Section 15-3-330. Action after State grants or patents have been declared void.
Section 15-3-340. Action by individual for recovery of real property.
Section 15-3-350. Action founded on title or for rents or services.
Section 15-3-360. Action after entry or accrual of right of entry.
Section 15-3-370. Persons under disability.
Section 15-3-380. Effect of forty-year lapse.
Section 15-3-510. General rule.
Section 15-3-520. Within twenty years.
Section 15-3-530. Three years.
Section 15-3-535. Limitation on actions commenced under Section 15-3-530(5).
Section 15-3-540. Three years.
Section 15-3-545. Actions for medical malpractice.
Section 15-3-555. Statute of limitations for action based on sexual abuse or incest.
Section 15-3-570. Action for penalty.
Section 15-3-580. Actions by motor carriers for charges.
Section 15-3-590. Actions against motor carriers for overcharges.
Section 15-3-600. Action for other relief.
Section 15-3-610. Action upon current account.
Section 15-3-620. Actions by State.
Section 15-3-630. Actions against architects, professional engineers or contractors; definitions.
Section 15-3-700. Immunity for property damage incurred in rescue from locked vehicle.