Virginia Code 59.1-501.6: Rule of construction
(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies to:
Terms Used In Virginia Code 59.1-501.6
- Agreement: means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this chapter. See Virginia Code 59.1-501.2
- Computer: means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. See Virginia Code 59.1-501.2
- Computer information: means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer. See Virginia Code 59.1-501.2
- Information: means data, text, images, sounds, mask works, or computer programs, including collections and compilations of them. See Virginia Code 59.1-501.2
(1) support and facilitate the realization of the full potential of computer information transactions;
(2) clarify the law governing computer information transactions;
(3) enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;
(4) promote uniformity of the law with respect to the subject matter of this chapter among States that enact it; and
(5) permit the continued expansion of commercial practices in the excluded transactions through custom, usage and agreement of the parties.
(b) Except as otherwise provided in § 59.1-501.15, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this chapter does not preclude the parties from varying the effect of the provision by agreement.
(c) The fact that a provision of this chapter imposes a condition for a result does not by itself mean that the absence of that condition yields a different result.
(d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.