W. Va. Code § 46-2-715

Buyer's incidental and consequential damages

Known as the Uniform Commercial Code

The act spans §§ 46-10-101 to 46-9-809 (630 sections).

Applied in 3 court decisions — leading case 171 W. Va. 79 - Star Furniture Co. v. Pulaski Furniture Co. (1982)

Most recently applied in Abex Corporation/jetway Division, a Delaware Corporation v. Controlled Systems, Incorporated, a West Virginia Corporation, Abex Corporation/jetway Division, a Delaware Corporation v. Controlled Systems, Incorporated, a West Virginia Corporation, Abex Corporation/jetway Division, a Delaware Corporation v. Controlled Systems, Incorporated, a West Virginia Corporation (January 1993)

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property approximately resulting from any breach of warranty.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.