§ 36-1-206 — Presumptions.

South Carolina § 36-1-206

• Jurisdiction: South Carolina
• Title 36: COMMERCIAL CODE
• Ch. 1: COMMERCIAL CODE—GENERAL PROVISIONS

Text

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.

Legislative History

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."