South Carolina Code of Laws
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."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 1 - Commercial Code - General Provisions

Section 36-1-101. Short title.

Section 36-1-102. Scope of chapter.

Section 36-1-103. Construction of Uniform Commercial Code to promote its purposes and policies; supplementary general principles of law applicable.

Section 36-1-104. Construction against implicit repeal.

Section 36-1-105. Severability.

Section 36-1-106. Use of singular and plural; gender.

Section 36-1-107. Section captions.

Section 36-1-108. Relation to Electronic Signatures in Global and National Commerce Act.

Section 36-1-109. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-201. General definitions.

Section 36-1-202. Notice; knowledge.

Section 36-1-203. Lease distinguished from security interest.

Section 36-1-204. Value.

Section 36-1-205. Reasonable time; seasonableness.

Section 36-1-206. Presumptions.

Section 36-1-207. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-208. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-301. Territorial applicability; parties' power to choose applicable law.

Section 36-1-302. Variation by agreement.

Section 36-1-303. Course of performance, course of dealing, and usage of trade.

Section 36-1-304. Obligation of good faith.

Section 36-1-305. Remedies to be liberally administered.

Section 36-1-306. Waiver or renunciation of claim or right after breach.

Section 36-1-307. Prima facie evidence by third-party documents.

Section 36-1-308. Performance or acceptance under reservation of rights.

Section 36-1-309. Option to accelerate at will.

Section 36-1-310. Subordinated obligations.