CHAPTER 1. THE STATE AND ITS SUBDIVISIONS. CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY. CHAPTER 3. ELECTIONS. CHAPTER 4. THE LEGISLATURE. CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC. CHAPTER 5A. DEPARTMENT OF ADMINISTRATION. CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985. CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE. CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT. CHAPTER 5E. VENTURE CAPITAL COMPANY. CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT. CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS. CHAPTER 5H. SURVIVOR BENEFITS. CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS. CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION. CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE. CHAPTER 6C. PUBLIC EMPLOYEES. CHAPTER 6D. PUBLIC CONTRACTS. CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS. CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT. CHAPTER 8. MUNICIPAL CORPORATIONS. CHAPTER 8A. LAND USE PLANNING. CHAPTER 9. HUMAN SERVICES. CHAPTER 9A. VETERANS' AFFAIRS. CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY. CHAPTER 11. TAXATION. CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES. CHAPTER 11B. DEPARTMENT OF REVENUE. CHAPTER 12. PUBLIC MONEYS AND SECURITIES. CHAPTER 13. PUBLIC BONDED INDEBTEDNESS. CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE. CHAPTER 15. PUBLIC SAFETY. CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY. CHAPTER 16. PUBLIC HEALTH. CHAPTER 16A. MEDICAL CANNABIS ACT. CHAPTER 16B. INSPECTOR GENERAL. CHAPTER 17. ROADS AND HIGHWAYS. CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS. CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES. CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD. CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW. CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT. CHAPTER 17F. ALL-TERRAIN VEHICLES. CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT. CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT. CHAPTER 18. EDUCATION. CHAPTER 18A. SCHOOL PERSONNEL. CHAPTER 18B. HIGHER EDUCATION. CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID. CHAPTER 19. AGRICULTURE. CHAPTER 20. NATURAL RESOURCES. CHAPTER 20A. WATER RESOURCES (REPEALED). CHAPTER 21. LABOR CHAPTER 21A. UNEMPLOYMENT COMPENSATION. CHAPTER 22. ENVIRONMENTAL RESOURCES. CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING. CHAPTER 22B. ENVIRONMENTAL BOARDS. CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS. CHAPTER 23. WORKERS' COMPENSATION. CHAPTER 24. PUBLIC SERVICE COMMISSION. CHAPTER 24A. COMMERCIAL MOTOR CARRIERS. CHAPTER 24B. GAS PIPELINE SAFETY. CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION. CHAPTER 24D. CABLE TELEVISION. CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING. CHAPTER 24F. VETERANS' GRAVE MARKERS. CHAPTER 25. DIVISION OF CORRECTIONS. CHAPTER 26. STATE HEALTH FACILITIES. CHAPTER 27. MENTALLY ILL PERSONS. CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS. CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS. CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT. CHAPTER 29B. FREEDOM OF INFORMATION. CHAPTER 29C. UNIFORM NOTARY ACT. CHAPTER 30. PROFESSIONS AND OCCUPATIONS. CHAPTER 31. CORPORATIONS. CHAPTER 31A. BANKS AND BANKING. CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT. CHAPTER 31C. CREDIT UNIONS. CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT. CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT. CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT. CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES. CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT. CHAPTER 31I. TRUST COMPANIES. CHAPTER 32. UNIFORM SECURITIES ACT. CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC. CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT. CHAPTER 33. INSURANCE. CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY. CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS. CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC. CHAPTER 36. ESTATES AND PROPERTY. CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY. CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT. CHAPTER 37. REAL PROPERTY. CHAPTER 37A. ZONING. CHAPTER 37B. MINERAL DEVELOPMENT. CHAPTER 37C. MINERAL DEVELOPMENT. CHAPTER 38. LIENS. CHAPTER 39. RECORDS AND PAPERS. CHAPTER 39A. ELECTRONIC COMMERCE. CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT. CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS. CHAPTER 41. WILLS. CHAPTER 42. DESCENT AND DISTRIBUTION. CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES. CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS. CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT. CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT. CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT. CHAPTER 44D. UNIFORM TRUST CODE. CHAPTER 45. SURETYSHIP AND GUARANTY. CHAPTER 46. UNIFORM COMMERCIAL CODE. CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT. CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS. CHAPTER 47. REGULATION OF TRADE. CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD. CHAPTER 47B. UNIFORM PARTNERSHIP ACT. CHAPTER 48. DOMESTIC RELATIONS. CHAPTER 49. CHILD WELFARE. CHAPTER 50. MAGISTRATE COURTS. CHAPTER 51. COURTS AND THEIR OFFICERS. CHAPTER 52. JURIES. CHAPTER 53. EXTRAORDINARY REMEDIES. CHAPTER 54. EMINENT DOMAIN. CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE. CHAPTER 56. PLEADING AND PRACTICE. CHAPTER 57. EVIDENCE AND WITNESSES. CHAPTER 58. APPEAL AND ERROR. CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS. CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS. CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT. CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM. CHAPTER 61. CRIMES AND THEIR PUNISHMENT. CHAPTER 62. CRIMINAL PROCEDURE. CHAPTER 63. REPEAL OF STATUTES. CHAPTER 64. LEGISLATIVE RULES. CHAPTER 46. UNIFORM COMMERCIAL CODE. Article 1All ArticlesArticle 2AARTICLE 2. SALES.§46-2-101. Short title. §46-2-102. Scope; certain security and other transactions excluded from this article. §46-2–103. Definitions and index of definitions.§46-2-104. Definitions: "merchant"; "between merchants"; "financing agency".§46-2-105. Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit."§46-2-106. Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation."§46-2-107. Goods to be severed from realty: Recording.§46-2-201. Formal requirements; statute of frauds.§46-2–202. Final written expression: parol or extrinsic evidence.§46-2-203. Seals inoperative. §46-2-204. Formation in general. §46-2-205. Firm offers. §46-2-206. Offer and acceptance in formation of contract. §46-2-207. Additional terms in acceptance or confirmation. §46-2-208. Repealed. Acts, 2006 Reg. Sess., Ch. 247.§46-2-209. Modification, rescission and waiver. §46-2-210. Delegation of performance; assignment of rights.§46-2-301. General obligations of parties. §46-2-302. Unconscionable contract or clause. §46-2-303. Allocation or division of risks. §46-2-304. Price payable in money, goods, realty, or otherwise. §46-2-305. Open price term. §46-2-306. Output, requirements and exclusive dealings. §46-2-307. Delivery in single lot or several lots. §46-2-308. Absence of specified place for delivery. §46-2-309. Absence of specific time provisions; notice of termination. §46-2-310. Open time for payment or running of credit; authority to ship under reservation.§46-2-311. Options and cooperation respecting performance. §46-2-312. Warranty of title and against infringement; buyer's obligation against infringement. §46-2-313. Express warranties by affirmation, promise, description, sample. §46-2-314. Implied warranty: Merchantability; usage of trade. §46-2-315. Implied warranty: Fitness for particular purpose. §46-2-316. Exclusion or modification of warranties. §46-2-317. Cumulation and conflict of warranties express or implied. §46-2-318. Third party beneficiaries of warranties express or implied. §46-2-319. F.O.B. and F.A.S.terms. §46-2-320. C.I.F. and C.& F.terms. §46-2-321. C.I.F. or C.&F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.§46-2-322. Delivery "ex-ship." §46-2-323. Form of bill of lading required in overseas shipment, "overseas".§46-2-324. "No arrival, no sale" term. §46-2-325. "Letter of credit" term; "confirmed credit." §46-2-326. Sale on approval and sale or return; rights of creditors.§46-2-327. Special incidents of sale on approval and sale or return. §46-2-328. Sale by auction.§46-2-401. Passing of title; reservation for security; limited application of this section.§46-2-402. Rights of seller's creditors against sold goods. §46-2-403. Power to transfer; good faith purchase of goods; "entrusting."§46-2-501. Insurable interest in goods; manner of identification of goods.§46-2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.§46-2-503. Manner of seller's tender of delivery.§46-2-504. Shipment by seller. §46-2-505. Seller's shipment under reservation.§46-2-506. Rights of financing agency.§46-2-507. Effect of seller's tender; delivery on condition. §46-2-508. Cure by seller of improper tender or delivery; replacement. §46-2-509. Risk of loss in the absence of breach.§46-2-510. Effect of breach on risk of loss. §46-2-511. Tender of payment by buyer; payment by check. §46-2-512. Payment by buyer before inspection.§46-2-513. Buyer's right to inspection of goods. §46-2-514. When documents deliverable on acceptance; when on payment. §46-2-515. Preserving evidence of goods in dispute.§46-2-601. Buyer's rights on improper delivery.§46-2-602. Manner and effect of rightful rejection. §46-2-603. Merchant buyer's duties as to rightfully rejected goods. §46-2-604. Buyer's options as to salvage of rightfully rejected goods. §46-2-605. Waiver of buyer's objections by failure to particularize.§46-2-606. What constitutes acceptance of goods. §46-2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over. §46-2-608. Revocation of acceptance in whole or in part. §46-2-609. Right to adequate assurance of performance. §46-2-610. Anticipatory repudiation. §46-2-611. Retraction of anticipatory repudiation. §46-2-612. "Installment contract"; breach. §46-2-613. Casualty to identified goods. §46-2-614. Substituted performance. §46-2-615. Excuse by failure of presupposed conditions. §46-2-616. Procedure on notice claiming excuse.§46-2-701. Remedies for breach of collateral contracts not impaired.§46-2-702. Seller's remedies on discovery of buyer's insolvency. §46-2-703. Seller's remedies in general. §46-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. §46-2-705. Seller's stoppage of delivery in transit or otherwise.§46-2-706. Seller's resale including contract for resale. §46-2-707. "Person in the position of a seller." §46-2-708. Seller's damages for nonacceptance or repudiation. §46-2-709. Action for the price. §46-2-710. Seller's incidental damages. §46-2-711. Buyer's remedies in general; buyer's security interest in rejected goods. §46-2-712. "Cover"; buyer's procurement of substitute goods. §46-2-713. Buyer's damages for nondelivery or repudiation. §46-2-714. Buyer's damages for breach in regard to accepted goods. §46-2-715. Buyer's incidental and consequential damages. §46-2-716. Buyer's right to specific performance or replevin.§46-2-717. Deduction of damages from the price. §46-2-718. Liquidation or limitation of damages; deposits. §46-2-719. Contractual modification or limitation of remedy. §46-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach. §46-2-721. Remedies for fraud. §46-2-722. Who can sue third parties for injury to goods. §46-2-723. Proof of market price: Time and place. §46-2-724. Admissibility of market quotations. §46-2-725. Statute of limitations in contracts for sale. Display all Article 2 Sections Loading Articles 0.16016292572021
