or modification of any term inconsistent with the course of performance. Section 361304. Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. SOUTH CAROLINA REPORTER’S COMMENTS This section is substantively identical to former Section 361203. Section 361305. (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be had except as specifically provided in the Uniform Commercial Code or by other rule of law. (b) Any right or obligation declared by the Uniform Commercial Code is enforceable by action unless the provision declaring it specifies a different and limited effect. SOUTH CAROLINA REPORTER’S COMMENTS This section is substantively identical to former Section 361106. Section 361306. 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. SOUTH CAROLINA REPORTER’S COMMENTS This section replaces former Section 361107, which at the time of its enactment in 1966 was inconsistent with the Official Text of former Section 1107. The Official Text of former Section 1107 provided that a claim for breach of contract could be discharged without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. Former Section 361207 did not condition the discharge of a claim for breach upon the aggrieved party signing and delivering a written waiver or renunciation of the claim. Under revised Section 361306, a claim for breach may be discharged without consideration by agreement of the aggrieved party in an authenticated record. The revision effects two changes to former Section 361107. First, revised Section 361306 makes it clear that the discharge of a claim for breach requires the aggrieved agreement. Second, that party’s agreement must be evidenced by a record authenticated by the aggrieved party. The authenticated record requirement may be satisfied either by a signed writing or an authentic electronic record. Section 361307. A document in due form purporting to be a bill of lading, policy or certificate of insurance, or official weigher’s
or modification of any term inconsistent with the course of performance. Section 361304. Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement. SOUTH CAROLINA REPORTER’S COMMENTS This section is substantively identical to former Section 361203. Section 361305. (a) The remedies provided by the Uniform Commercial Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be had except as specifically provided in the Uniform Commercial Code or by other rule of law. (b) Any right or obligation declared by the Uniform Commercial Code is enforceable by action unless the provision declaring it specifies a different and limited effect. SOUTH CAROLINA REPORTER’S COMMENTS This section is substantively identical to former Section 361106. Section 361306. 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. SOUTH CAROLINA REPORTER’S COMMENTS This section replaces former Section 361107, which at the time of its enactment in 1966 was inconsistent with the Official Text of former Section 1107. The Official Text of former Section 1107 provided that a claim for breach of contract could be discharged without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. Former Section 361207 did not condition the discharge of a claim for breach upon the aggrieved party signing and delivering a written waiver or renunciation of the claim. Under revised Section 361306, a claim for breach may be discharged without consideration by agreement of the aggrieved party in an authenticated record. The revision effects two changes to former Section 361107. First, revised Section 361306 makes it clear that the discharge of a claim for breach requires the aggrieved party’s agreement. Second, that agreement must be evidenced by a record authenticated by the aggrieved party. The authenticated record requirement may be satisfied either by a signed writing or an authentic electronic record. Section 361307. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or