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 “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

Terms Used In West Virginia Code > Chapter 46 > Article 2 > Part 6 - Breach, Repudiation and Excuse

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Buyer: means a person who buys or contracts to buy goods. See West Virginia Code 46-2-103
  • Central motor pool: means , under the direction and control of the Secretary of Administration, the group of state vehicles to be shared among spending units. See West Virginia Code 5A-12-1
  • Centralized accounting system: means the system of record for the maintenance of an accurate inventory of state vehicle fixed assets as maintained by the Enterprise Resource Planning Board pursuant to §. See West Virginia Code 5A-12-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Director: means the Director of the Fleet Management Division. See West Virginia Code 5A-12-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Fleet Management Division, under the Department of Administration, as established pursuant to this article. See West Virginia Code 5A-12-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fleet Coordinator: means the head of a spending unit, or his or her designee, who is responsible for the duties of fleet coordinator as required by this article. See West Virginia Code 5A-12-1
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Indirect costs: means the expenses of operating state vehicles that may or may not be attributable to a specific vehicle, including miscellaneous expenses for cleaning supplies, shop supplies, small parts, office and administrative expenses attributable to fleet coordinator activity, training costs for fleet coordinators and state vehicle driver training, facilities costs, administrative office overhead, parking costs, and shop equipment costs where applicable. See West Virginia Code 5A-12-1
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Secretary: means the Secretary of the Department of Administration. See West Virginia Code 5A-12-1
  • secretary: means the Secretary of Commerce and "department" means Department of Commerce. See West Virginia Code 5B-1-1
  • Seller: means a person who sells or contracts to sell goods. See West Virginia Code 46-2-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spending unit: means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees, or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature. See West Virginia Code 5A-12-1
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • State vehicle: means , for the purpose of this article, a vehicle with a rating of one ton or less that is owned, purchased, or leased by any state spending unit, on which a state vehicle license plate is required, where the use of such vehicle is paid for with public funds regardless of the source of such funding, but does not include all-terrain vehicles (ATVs) or vehicles requiring a commercial driver&rsquo. See West Virginia Code 5A-12-1
  • State vehicle fleet: means all state vehicles. See West Virginia Code 5A-12-1
  • State vehicle license plate: means a license plate authorized to be issued by the Division of Motor Vehicles pursuant to §. See West Virginia Code 5A-12-1
  • Vehicle log: means the record of state vehicle use, to be updated by the vehicle operator and maintained by the fleet coordinators, used to track vehicle utilization data required to be compiled and maintained pursuant to this article. See West Virginia Code 5A-12-1