Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§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."
§46-2-107. 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
§46-2-204. Formation in General
§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
§46-2-306. 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
§46-2-322. 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
§46-2-401. 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
§46-2-505. 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
§46-2-608. 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
§46-2-705. 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
§46-2-722. Who Can Sue Third Parties for Injury to Goods
§46-2-723. Proof of Market Price: Time and Place