D. Defenses

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

D. Defenses

Permission is a defense to an action in trespass²⁰ as is a legal authorization to enter as in the case of a right to recover chattel.²¹

The South Carolina Tort Claims Act²² waives the immunity of the State, its agencies, political subdivisions, and governmental entities from liability in tort. It contains, however, many limitations on liability and damages which may preclude or restrict a plaintiff's cause of action.²³ The Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his or her official duty and must be liberally construed in favor of limiting the liability of the governmental entity.²⁴

The statute of limitations applicable to trespass provides a six-year limitation period for actions accruing prior to April 5, 1988, and three years for those actions accruing on or after that date.²⁵ The discovery rule applies.²⁶

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Notes:

^[20] Peace v. Southern Bell Tel. & Tel. Co., 208 F.2d 901 (4th Cir. 1954) (plaintiff assented to the company rules and regulations authorizing access when telephone company equipment was installed).

^[21] See, e.g., Childers v. Judson Mills Stone Co., 189 S.C. 224, 200 S.E. 770 (1938); Bing v. General Motors Acceptance Corp., 237 F. Supp. 911, 913 (E.D. S.C. 1965) (title to mortgaged chattel vests in mortgagee on breaking of condition which carries with it right to...