South Carolina Condition of Limitation Clause

State:
Multi-State
Control #:
US-OL14014
Format:
Word; 
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Description

This office lease clause is a standard condition of limitation language dealing with issues of tenant defaults in fulfilling any of the covenants of the lease.

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FAQ

South Carolina has a three-year statute of limitation for civil lawsuits, but there are exceptions to this rule. When determining laws and timing, several factors are considered, such as the victim's age, personal injury, time of injury, and other extenuating circumstances.

Contract actions in South Carolina are time-barred after three years has passed. S.C. Code Ann. § 15-3-530 provides that ?an action upon contract, obligation, or liability, express or implied?? must be brought within three years of the time the cause of action accrues.

Unlike many states, South Carolina has no statute of limitations on criminal cases, meaning prosecutors can file criminal charges at any time after a crime has been committed.

Certain circumstances will delay or pause the running of the statute of limitations. This is called ?tolling.? In South Carolina, the statute is tolled when a plaintiff is, at the time of their cause of action: Under 18 years of age, or. ?Insane??that is, not mentally competent.

In South Carolina, there is no statute of limitations on crime. However, in the context of South Carolina personal injury or wrongful death cases, the clock usually starts on the day of the incident (exp. car accident). In most cases, you have 3 years to file suit against a non-governmental defendant.

Waiver of [the statute of] limitations may be shown by words or conduct. Thus, waiver may result from express agreement, . . . from failure to claim the defense, or by any action or inaction manifestly inconsistent with an intention to insist on the statute. Mende, 304 S.C. at 315, 404 S.E.2d at 34 (quoting 54 C.J.S.

Extending the Statute of Limitations The three-year statute of limitations in South Carolina can be lengthened in certain special instances. The first special allowance regards minors who have sustained injuries. If a minor suffers an injury in an accident, they have up to one year after their 18th birthday to file.

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South Carolina Condition of Limitation Clause