Virginia Code 59.1-507.7: Copy; revocation of acceptance
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it:
Terms Used In Virginia Code 59.1-507.7
- Copy: means the medium on which information is fixed on a temporary or permanent basis and from which it can be perceived, reproduced, used, or communicated, either directly or with the aid of a machine or device. See Virginia Code 59.1-501.2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Information: means data, text, images, sounds, mask works, or computer programs, including collections and compilations of them. See Virginia Code 59.1-501.2
- Party: means a person that engages in a transaction or makes an agreement under this chapter. See Virginia Code 59.1-501.2
(1) on the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured;
(2) during a continuing effort by the party in breach at adjustment and cure, and the breach was not seasonably cured; or
(3) without discovery of the nonconformity, if acceptance was reasonably induced either by the other party’s assurances or by the difficulty of discovery before acceptance.
(b) Revocation of acceptance is not effective until the revoking party notifies the other party of the revocation.
(c) Revocation of acceptance of a copy is precluded if:
(1) it does not occur within a reasonable time after the party attempting to revoke discovers or should have discovered the grounds for it;
(2) it occurs after a substantial change in condition not caused by defects in the information, such as after the party commingles the information in a manner that makes its return impossible; or
(3) the party attempting to revoke received a substantial benefit or value from the information, and the benefit or value cannot be returned.
(d) A party that rightfully revokes has the same duties and is under the same restrictions as if the party had refused tender of the copy.