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. 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.
South Carolina Legal Code