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
Chapter 1 - Commercial Code - General Provisions
Section 36-1-101. Short title.
Section 36-1-102. Scope of chapter.
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 36-1-205. 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.