§ 36-2A-101 Short title
§ 36-2A-102 Scope
§ 36-2A-103 Definitions and index of definitions
§ 36-2A-104 Leases subject to other law
§ 36-2A-105 Territorial application of chapter to goods covered by certificate of title
§ 36-2A-106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum
§ 36-2A-107 Waiver or renunciation of claim or right after default
§ 36-2A-108 Unconscionability
§ 36-2A-109 Option to accelerate at will
§ 36-2A-201 Statute of frauds
§ 36-2A-202 Final written expression: parol or extrinsic evidence
§ 36-2A-203 Seals inoperative
§ 36-2A-204 Formation in general
§ 36-2A-205 Firm offers
§ 36-2A-206 Offer and acceptance in formation of lease contract
§ 36-2A-208 Modification, rescission and waiver
§ 36-2A-209 Lessee under finance lease as beneficiary of supply contract
§ 36-2A-210 Express warranties
§ 36-2A-211 Warranties against interference and against infringement; lessee ‘ s obligation against infringement
§ 36-2A-212 Implied warranty of merchantability
§ 36-2A-213 Implied warranty of fitness for particular purpose
§ 36-2A-214 Exclusion or modification of warranties
§ 36-2A-215 Cumulation and conflict of warranties express or implied
§ 36-2A-216 Third-party beneficiaries of express and implied warranties
§ 36-2A-217 Identification
§ 36-2A-218 Insurance and proceeds
§ 36-2A-219 Risk of loss
§ 36-2A-220 Effect of default on risk of loss
§ 36-2A-221 Casualty to identified goods
§ 36-2A-301 Enforceability of lease contract
§ 36-2A-302 Title to and possession of goods
§ 36-2A-303 Alienability of party ‘ s interest under lease contract or of lessor ‘ s residual interest in goods; delegation of performance; transfer of rights
§ 36-2A-304 Subsequent lease of goods by lessor
§ 36-2A-305 Sale or sublease of goods by lessee
§ 36-2A-306 Priority of certain liens arising by operation of law
§ 36-2A-307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods
§ 36-2A-308 Special rights of creditors
§ 36-2A-309 Lessor ‘ s and lessee ‘ s rights when goods become fixtures
§ 36-2A-310 Lessor ‘ s and lessee ‘ s rights when goods become accessions
§ 36-2A-311 Priority subject to subordination
§ 36-2A-401 Insecurity: adequate assurance of performance
§ 36-2A-402 Anticipatory repudiation
§ 36-2A-403 Retraction of anticipatory repudiation
§ 36-2A-404 Substituted performance
§ 36-2A-405 Excused performance
§ 36-2A-406 Procedure on excused performance
§ 36-2A-407 Irrevocable promises: finance leases
§ 36-2A-501 Default: procedure
§ 36-2A-502 Notice after default
§ 36-2A-503 Modification or impairment of rights and remedies
§ 36-2A-504 Liquidation of damages
§ 36-2A-505 Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies
§ 36-2A-506 Statute of limitations
§ 36-2A-507 Proof of market rent: time and place
§ 36-2A-508 Lessee ‘ s remedies
§ 36-2A-509 Lessee ‘ s rights on improper delivery; rightful rejection
§ 36-2A-510 Installment lease contracts: rejection and default
§ 36-2A-511 Merchant lessee ‘ s duties as to rightfully rejected goods
§ 36-2A-512 Lessee ‘ s duties as to rightfully rejected goods
§ 36-2A-513 Cure by lessor of improper tender or delivery; replacement
§ 36-2A-514 Waiver of lessee’s objections
§ 36-2A-515 Acceptance of goods
§ 36-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over
§ 36-2A-517 Revocation of acceptance of goods
§ 36-2A-518 Cover; substitute goods
§ 36-2A-519 Lessee ‘ s damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods
§ 36-2A-520 Lessee ‘ s incidental and consequential damages
§ 36-2A-521 Lessee ‘ s right to specific performance or replevin
§ 36-2A-522 Lessee ‘ s right to goods on lessor ‘ s insolvency
§ 36-2A-523 Lessor ‘ s remedies
§ 36-2A-524 Lessor ‘ s right to identify goods to lease contract
§ 36-2A-525 Lessor ‘ s right to possession of goods
§ 36-2A-526 Lessor ‘ s stoppage of delivery in transit or otherwise
§ 36-2A-527 Lessor ‘ s rights to dispose of goods
§ 36-2A-528 Lessor ‘ s damages for nonacceptance, failure to pay, repudiation, or other default
§ 36-2A-529 Lessor ‘ s action for the rent
§ 36-2A-530 Lessor ‘ s incidental damages
§ 36-2A-531 Standing to sue third parties for injury to goods
§ 36-2A-532 Lessor ‘ s rights to residual interest

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

  • 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.
  • 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
  • Approved electronic monitoring device: means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home. See South Carolina Code 24-13-1520
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See South Carolina Code 36-2A-103
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars. See South Carolina Code 36-2A-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections. See South Carolina Code 24-13-1520
  • 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.
  • Department: means , in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections, and any other law enforcement agency created by law. See South Carolina Code 24-13-1520
  • Director: means the Director of the Department of Corrections. See South Carolina Code 24-13-1310
  • 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:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Fault: means wrongful act, omission, breach, or default. See South Carolina Code 36-2A-103
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

    (D) if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (i) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (ii) that the lessee is entitled under this chapter to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (iii) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See South Carolina Code 36-2A-103
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 36-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See South Carolina Code 36-2A-103
  • Home detention: means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department. See South Carolina Code 24-13-1520
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause 'each delivery is a separate lease' or its equivalent. See South Carolina Code 36-2A-103
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See South Carolina Code 36-2A-103
  • 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See South Carolina Code 36-2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See South Carolina Code 36-2A-103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See South Carolina Code 36-2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See South Carolina Code 36-2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See South Carolina Code 36-2A-103
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See South Carolina Code 36-2A-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See South Carolina Code 36-2A-103
  • Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See South Carolina Code 36-2A-103
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • 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.
  • Participant: means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community. See South Carolina Code 24-13-1520
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See South Carolina Code 36-2A-103
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See South Carolina Code 36-2A-103
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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.
  • Shock incarceration program: means a program pursuant to which eligible inmates are ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming. See South Carolina Code 24-13-1310
  • 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.
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See South Carolina Code 36-2A-103
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See South Carolina Code 36-2A-103
  • Supply contract: means a contract under which a lessor buys or leases goods to be leased. See South Carolina Code 36-2A-103
  • 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.