West Virginia Code
Article 2. Sales
§46-2-210. Delegation of Performance; Assignment of Rights

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promissor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.
(2) Unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) of this article unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection and enforcement of the security interest remains effective, but: (i) The seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (section 2-609).

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 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"; &Quot;between Merchants"; &Quot;financing Agency"

§46-2-105. Definitions: Transferability; "goods"; "future" Goods; "lot"; &Quot;commercial unit."

§46-2-106. Definitions: "Contract"; "agreement"; &Quot;contract for Sale"; "sale"; &Quot;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

§46-2-209. 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.: &Quot;net Landed Weights"; &Quot;payment on Arrival"; Warranty of Condition on Arrival

§46-2-322. Delivery &Quot;ex-ship."

§46-2-323. Form of Bill of Lading Required in Overseas Shipment, &Quot;overseas"

§46-2-324. &Quot;no Arrival, No Sale" Term

§46-2-325. &Quot;letter of Credit" Term; &Quot;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. &Quot;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. &Quot;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