South Carolina Clause Dealing with Fire Damage

State:
Multi-State
Control #:
US-OL11024A
Format:
Word; 
PDF
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Description

This office lease clause deals with the mandatory obligation of the landlord to rebuild; time periods for reconstruction; continuation of abatement periods; the appropriate "what ifs" in the event portions of the premises cannot be restored and are deemed to be indispensable; and circumstances when the landlord or tenant can elect to terminate the lease.

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FAQ

Obligation of good faith. Every contract or duty within this code imposes an obligation of good faith in its negotiation, performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

?Good faith? has generally been defined as honesty in a person's conduct during the agreement. The obligation to perform in good faith exists even in contracts that expressly allow either party to terminate the contract for any reason. ?Fair dealing? usually requires more than just honesty.

South Carolina's ?Stand Your Ground? law puts various doctrines into one statute that relate to self-defense, whether they are in your home or outside your home: The ?castle doctrine,? which states that one does not have a duty to retreat when defending themselves inside their own home.

South Carolina Code § 38-59-20 identifies a list of acts by an insurance company that constitute improper claim practices. Examples of bad faith may include: Knowingly misrepresenting facts or coverage. Not acknowledging communication promptly.

(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is ...

Courts often decide if a person did something in good faith by thinking about how other people would have behaved in corresponding situations, therefore applying the reasonableness standard.

Under common law, good faith requires parties to an agreement to exercise their powers reasonably and not arbitrarily or for some irrelevant purpose. Certain conduct may lack good faith if one party acts dishonestly or fails to have regard to the legitimate interests of the other party.

SECTION 15-78-120. Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papers.

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South Carolina Clause Dealing with Fire Damage