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W. Va. Code § 46-5-103

Scope

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 2 court decisions — leading case 210 W. Va. 44 - Leary v. McDowell County National Bank (2001)

Most recently applied in International Union of Operating Engineers, Local Union No. 132 Health & Welfare Fund v. L.A. Pipeline Construction Co. (May 2016)

(a) This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.

(b) The statement of a rule in this article does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this article.

(c) With the exception of this subsection, subsections (a) and (d), sections 5–102(a)(9) and (10), 5–106(d), and 5–114(d), and except to the extent prohibited in sections 1-302 and 5–117(d), the effect of this article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article.

(d) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.

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