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

South Carolina § 36-1-306

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

Text

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.

Legislative History

HISTORY: 1962 Code SECTION 10.1-107; 1966 (54) 2716; former 1976 Code SECTION 36-1-107; 2014 Act No. 213 (S.343), SECTION 1, eff October 1, 2014. OFFICIAL COMMENTS Source: Former Section 1-107. Changes from former law: This section changes former law in two respects. First, former Section 1-107, requiring the "delivery" of a "written waiver or renunciation" merges the separate concepts of the aggrieved party's agreement to forego rights and the manifestation of that agreement. This section separates those concepts, and explicitly requires agreement of the aggrieved party. Second, the revised section reflects developments in electronic commerce by providing for memorialization in an authenticated record. In this context, a party may "authenticate" a record by (i) signing a record that is a writing or (ii) attaching to or logically associating with a record that is not a writing an electronic sound, symbol or process with the present intent to adopt or accept the record. See Sections 1-201(b)(37) and 9-102(a)(7). 1. This section makes consideration unnecessary to the effective renunciation or waiver of rights or claims arising out of an alleged breach of a commercial contract where the agreement effecting such renunciation is memorialized in a record authenticated by the aggrieved party. Its provisions, however, must be read in conjunction with the section imposing an obligation of good faith. (Section 1-304). Editor's Note 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."