§ 36-2-101 Short title
§ 36-2-102 Scope; certain security and other transactions excluded from this Chapter
§ 36-2-103 Definitions and index of definitions
§ 36-2-104 Definitions: “Merchant”; “between merchants”; “financing agency”
§ 36-2-105 Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit”
§ 36-2-106 Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming to contract”; “termination”; “cancellation”
§ 36-2-107 Goods to be severed from realty; recording
§ 36-2-201 Formal requirements; statute of frauds
§ 36-2-202 Final written expression; parol or extrinsic evidence
§ 36-2-203 Seals inoperative
§ 36-2-204 Formation in general
§ 36-2-205 Firm offers
§ 36-2-206 Offer and acceptance in formation of contract
§ 36-2-207 Additional terms in acceptance or confirmation
§ 36-2-209 Modification, rescission and waiver
§ 36-2-210 Delegation of performance; assignment of rights
§ 36-2-301 General obligations of parties
§ 36-2-302 Unconscionable contract or clause
§ 36-2-303 Allocation or division of risks
§ 36-2-304 Price payable in money, goods, realty, or otherwise
§ 36-2-305 Open price term
§ 36-2-306 Output, requirements and exclusive dealings
§ 36-2-307 Delivery in single lot or several lots
§ 36-2-308 Absence of specified place for delivery
§ 36-2-309 Absence of specific time provisions; notice of termination
§ 36-2-310 Open time for payment or running of credit; authority to ship under reservation
§ 36-2-311 Options and cooperation respecting performance
§ 36-2-312 Warranty of title and against infringement; buyer’s obligation against infringement
§ 36-2-313 Express warranties by affirmation, promise, description, sample
§ 36-2-314 Implied warranty; merchantability; usage of trade
§ 36-2-315 Implied warranty: Fitness for particular purpose
§ 36-2-316 Exclusion or modification of warranties
§ 36-2-317 Cumulation and conflict of warranties express or implied
§ 36-2-318 Third party beneficiaries of warranties express or implied
§ 36-2-319 F.O.B. and F.A.S. terms
§ 36-2-320 C.I.F. and C. & F. terms
§ 36-2-321 C.I.F. or C. & F.: “Net landed weights”; “payment on arrival”; warranty of condition on arrival
§ 36-2-322 Delivery “ex-ship”
§ 36-2-323 Form of bill of lading required in overseas shipment; “overseas”
§ 36-2-324 “No arrival, no sale” term
§ 36-2-325 “Letter of credit” term; “confirmed credit”
§ 36-2-326 Sale on approval and sale or return; consignment sales and rights of creditors
§ 36-2-327 Special incidents of sale on approval and sale or return
§ 36-2-328 Sale by auction
§ 36-2-401 Passing of title; reservation for security; limited application of this section
§ 36-2-402 Rights of seller’s creditors against sold goods
§ 36-2-403 Power to transfer; good faith purchase of goods; “entrusting”
§ 36-2-501 Insurable interest in goods; manner of identification of goods
§ 36-2-502 Buyer’s right to goods on seller’s insolvency
§ 36-2-503 Manner of seller’s tender of delivery
§ 36-2-504 Shipment by seller
§ 36-2-505 Seller’s shipment under reservation
§ 36-2-506 Rights of financing agency
§ 36-2-507 Effect of seller’s tender; delivery on condition
§ 36-2-508 Cure by seller of improper tender or delivery; replacement
§ 36-2-509 Risk of loss in the absence of breach
§ 36-2-510 Effect of breach on risk of loss
§ 36-2-511 Tender of payment by buyer; payment by check
§ 36-2-512 Payment by buyer before inspection
§ 36-2-513 Buyer’s right to inspection of goods
§ 36-2-514 When documents deliverable on acceptance; when on payment
§ 36-2-515 Preserving evidence of goods in dispute
§ 36-2-601 Buyer’s rights on improper delivery
§ 36-2-602 Manner and effect of rightful rejection
§ 36-2-603 Merchant buyer’s duties as to rightfully rejected goods
§ 36-2-604 Buyer’s options as to salvage of rightfully rejected goods
§ 36-2-605 Waiver of buyer’s objections by failure to particularize
§ 36-2-606 What constitutes acceptance of goods
§ 36-2-607 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
§ 36-2-608 Revocation of acceptance in whole or in part
§ 36-2-609 Right to adequate assurance of performance
§ 36-2-610 Anticipatory repudiation
§ 36-2-611 Retraction of anticipatory repudiation
§ 36-2-612 “Installment contract”; breach
§ 36-2-613 Casualty to identified goods
§ 36-2-614 Substituted performance
§ 36-2-615 Excuse by failure of presupposed conditions
§ 36-2-616 Procedure on notice claiming excuse
§ 36-2-701 Remedies for breach of collateral contracts not impaired
§ 36-2-702 Seller’s remedies on discovery of buyer’s insolvency
§ 36-2-703 Seller’s remedies in general
§ 36-2-704 Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
§ 36-2-705 Seller’s stoppage of delivery in transit or otherwise
§ 36-2-706 Seller’s resale including contract for resale
§ 36-2-707 “Person in the position of a seller”
§ 36-2-708 Seller’s damages for nonacceptance or repudiation
§ 36-2-709 Action for the price
§ 36-2-710 Seller’s incidental damages
§ 36-2-711 Buyer’s remedies in general; buyer’s security interest in rejected goods
§ 36-2-712 “Cover”; buyer’s procurement of substitute goods
§ 36-2-713 Buyer’s damages for nondelivery or repudiation
§ 36-2-714 Buyer’s damages for breach in regard to accepted goods
§ 36-2-715 Buyer’s incidental and consequential damages
§ 36-2-716 Buyer’s right to specific performance or replevin
§ 36-2-717 Deduction of damages from the price
§ 36-2-718 Liquidation or limitation of damages; deposits
§ 36-2-719 Contractual modification or limitation of remedy
§ 36-2-720 Effect of “cancellation” or “rescission” on claims for antecedent breach
§ 36-2-721 Remedies for fraud
§ 36-2-722 Who can sue third parties for injury to goods
§ 36-2-723 Proof of market price; time and place
§ 36-2-724 Admissibility of market quotations
§ 36-2-725 Statute of limitations in contracts for sale
§ 36-2-801 Definitions
§ 36-2-802 Personal jurisdiction based upon enduring relationship
§ 36-2-803 Personal jurisdiction based upon conduct
§ 36-2-804 Service outside the State
§ 36-2-805 Other bases of jurisdiction unaffected
§ 36-2-806 Manner and proof of service
§ 36-2-807 Individuals eligible to make service
§ 36-2-808 Individuals to be served; special cases
§ 36-2-809 Other provisions of law unaffected

Terms Used In South Carolina Code > Title 36 > Chapter 2 - Commercial Code - Sales

  • Adjudicated as a mental defective: means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:

    (a) is a danger to himself or to others; or

    (b) lacks the mental capacity to contract or manage the person's own affairs. See South Carolina Code 23-31-1010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Antique firearm: means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See South Carolina Code 23-31-310
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Buyer: means a person who buys or contracts to buy goods. See South Carolina Code 36-2-103
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Committed to a mental institution: means a formal commitment of a person to a mental institution by a court of competent jurisdiction. See South Carolina Code 23-31-1010
  • Concealable weapon: means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. See South Carolina Code 23-31-210
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See South Carolina Code 36-2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mental institution: includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital. See South Carolina Code 23-31-1010
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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. See South Carolina Code 36-2-801
  • Personal property: All property that is not real property.
  • Picture identification: means :

    (a) a valid driver's license or photographic identification card issued by the state in which the applicant resides; or

    (b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. See South Carolina Code 23-31-210
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • present sale: means a sale which is accomplished by the making of the contract. See South Carolina Code 36-2-106
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proof of training: means an original document or certified copy of the document supplied by an applicant that certifies that he is either:

    (a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. See South Carolina Code 23-31-210
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified nonresident: means an individual who owns real property in South Carolina, but who resides in another state. See South Carolina Code 23-31-210
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders. See South Carolina Code 23-31-210
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. See South Carolina Code 23-31-310
  • Sawed-off rifle: means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length. See South Carolina Code 23-31-310
  • Sawed-off shotgun: means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length. See South Carolina Code 23-31-310
  • Seller: means a person who sells or contracts to sell goods. See South Carolina Code 36-2-103
  • Serious bodily injury: means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ. See South Carolina Code 23-31-400
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. See South Carolina Code 23-31-310
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Use a firearm: means to discharge a firearm. See South Carolina Code 23-31-400
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.