South Carolina Buy Sell Clauses and Related Material

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US-P0617-5BAM
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This form is a model adaptable for use in partnership matters. Adapt the form to your specific needs and fill in the information. Don't reinvent the wheel, save time and money.
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SECTION 36-2-318. Third party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any natural person who may be expected to use, consume or be affected by the goods and whose person or property is damaged by breach of the warranty.

SECTION 39-5-20. Unfair methods of competition and unfair or deceptive acts or practices unlawful; application of federal act. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

In South Carolina, a breach of contract is one party failing to perform his or her obligations ing to an agreement. From here, the law looks towards whether the breach was ?material?, which is defined as a substantial or serious breach that frustrates the entire purpose of the agreement.

The term ?unfair trade practice? describes the use of deceptive, fraudulent, or unethical methods to gain business advantage or to cause injury to a consumer. Unfair trade practices are considered unlawful under the Consumer Protection Act.

South Carolina does not currently have Romeo and Juliet laws ? there are no close-in-age exemptions to statutory rape. Any person 16 or older who has sex with a person under 16 has committed statutory rape, even if the relationship is consensual.

Under SC Code Section 39-5-140, the victim of unfair trade practices is authorized to file a lawsuit for damages. This lawsuit will help you recover actual damages from the business.

SECTION 15-39-20. Executions of course within ten years. Writs of execution for the enforcement of judgments shall conform to this Title.

Like the FTC Act, the UTPA prohibits ?[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce? and addresses both consumer protection and anticompetitive behavior in the marketplace. Unlike the FTC Act, the UTPA provides for a private cause of action.

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South Carolina Buy Sell Clauses and Related Material