reglab/housing_qa huggingface dataset:
WV Code § 45-1-5 (2021)
2021 West Virginia Code|Chapter 45. Suretyship and Guaranty|Article 1. Sureties, Guarantors, Indorsers, Bail and Principals|§45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor

If any such surety (other than bail), or his committee, heir or personal representative, shall confess judgment or suffer judgment to go against him by default, without giving notice to his principal (if the principal be a resident of this state), or his committee or personal representative, to defend the suit, and after such principal, his committee or personal representative offers to defend the suit, and tenders counter security, approved by the court in which the suit is pending, such principal, or his committee, heirs or representative, may have the benefit of every defense against the motion or suit of such surety or his committee, representative or heirs, against him that he might have had against the creditor. And in all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety or the committee, heir or personal representative of such surety shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety which he might have made against the suit of the creditor.
WV Code § 45-1-6 (2021)
2021 West Virginia Code|Chapter 45. Suretyship and Guaranty|Article 1. Sureties, Guarantors, Indorsers, Bail and Principals|§45-1-6. Contribution Among Cosureties and Coguarantors

If the principal debtor be insolvent, any surety or guarantor (or his committee, personal representative or heir) against whom a judgment or decree has been rendered on the contract in which he was surety or guarantor, may obtain a judgment or decree by motion, in the court in which such judgment or decree was rendered, against any cosurety or coguarantor (or his committee, personal representative or heir) for his share, in law or equity, of the amount for which the first-mentioned judgment or decree may have been rendered; and if the same has been paid, for such share of the amount so paid, with interest thereon from the time of such payment.
WV Code § 45-1-7 (2021)
2021 West Virginia Code|Chapter 45. Suretyship and Guaranty|Article 1. Sureties, Guarantors, Indorsers, Bail and Principals|§45-1-7. Deposit on Contract for Use or Rental of Property

Whenever money shall be deposited or advanced on a contract for the use or rental of personal property thereafter to be delivered, as security for performance of the contract or to be applied to payments upon such contract when due, and such contract is between a citizen of this state and a nonresident thereof, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be a trust fund in the possession of the person with whom such deposit or advance shall be made and shall be deposited in a bank or trust company located in this state and shall not be mingled with other funds or become an asset of such trustee until such property is delivered: Provided, however, That nothing herein contained shall apply to deposits or advance payment required by public service corporations under the authority of the Public Service Commission.
WV Code § 45-1-8 (2021)
2021 West Virginia Code|Chapter 45. Suretyship and Guaranty|Article 1. Sureties, Guarantors, Indorsers, Bail and Principals|§45-1-8. Penalty for Violation of §45-1-7

Any person violating any provision of the next preceding section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than $1,000, and, at the discretion of the court, may be confined in jail not more than one year. The officer or agent of any corporation who directly or indirectly participates in any transaction amounting to a violation of said section shall, upon conviction, be punished as aforesaid.
WV Code § 46-1-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-101. Short Titles

§46-1-101. Short titles.(a) This chapter may be cited as the Uniform Commercial Code.(b) This article may be cited as Uniform Commercial Code – General Provisions.
WV Code § 46-1-102 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-102. Scope of Article

This article applies to a transaction to the extent that it is governed by another article of this chapter.
WV Code § 46-1-103 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-103. Construction of Uniform Commercial Code to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law

(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies, which are:(1) To simplify, clarify and modernize the law governing commercial transactions;(2) To permit the continued expansion of commercial practices through custom, usage and agreement of the parties; and(3) To make uniform the law among the various jurisdictions.(b) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy and other validating or invalidating cause supplement its provisions.
WV Code § 46-1-104 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-104. Construction Against Implied Repeal

The Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
WV Code § 46-1-105 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-105. Severability

If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
WV Code § 46-1-106 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-106. Use of Singular and Plural; Gender

In this chapter, unless the statutory context otherwise requires:(1) Words in the singular number include the plural, and those in the plural include the singular; and(2) Words of any gender also refer to any other gender.
WV Code § 46-1-107 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-107. Section Captions

Section captions are part of this chapter.
WV Code § 46-1-108 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-108. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et. seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 103(b)).
WV Code § 46-1-202 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-202. Notice; Knowledge

(a) Subject to subsection (f), a person has "notice" of a fact if the person:(1) Has actual knowledge of it;(2) Has received a notice or notification of it; or(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.(c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.(e) Subject to subsection (f), a person "receives" a notice or notification when:(1) It comes to that person's attention; or(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
WV Code § 46-1-203 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-203. Lease Distinguished From Security Interest

(a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case.(b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee, and:(1) The original term of the lease is equal to or greater than the remaining economic life of the goods;(2) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;(3) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement; or(4) The lessee has an option to become the owner of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement.(c) A transaction in the form of a lease does not create a security interest merely because:(1) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;(2) The lessee assumes risk of loss of the goods;(3) The lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or maintenance costs;(4) The lessee has an option to renew the lease or to become the owner of the goods;(5) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or(6) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.(d) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if:(1) When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or(2) When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed.(e) The "remaining economic life of the goods" and "reasonably predictable" fair market rent, fair market value or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.
WV Code § 46-1-204 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-204. Value

Except as otherwise provided in articles 3, 4, and 5 of this chapter, a person gives value for rights if the person acquires them:(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;(2) As security for, or in total or partial satisfaction of, a preexisting claim;(3) By accepting delivery under a preexisting contract for purchase; or(4) In return for any consideration sufficient to support a simple contract.
WV Code § 46-1-205 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-205. Reasonable Time; Seasonableness

(a) Whether a time for taking an action required by this chapter is reasonable depends on the nature, purpose and circumstances of the action.(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
WV Code § 46-1-206 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-206. Presumptions

Whenever this chapter creates a "presumption" with respect to a fact, or provides that a fact is "presumed", the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
WV Code § 46-1-301 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-301. Territorial Applicability; Parties' Power to Choose Applicable Law

§46-1-301. Territorial applicability; parties' power to choose applicable law.(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.(b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), this chapter applies to transactions bearing an appropriate relation to this state.(c) If one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:(1) Section 2-402;(2) Sections 2A-105 and 2A-106;(3) Section 4-102;(4) Section 4A-507;(5) Section 5-116;(6) Section 8-110;(7) Sections 9-301 through 9-307.
WV Code § 46-1-302 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-302. Variation by Agreement

(a) Except as otherwise provided in subsection (b) or elsewhere in this chapter, the effect of provisions of this chapter may be varied by agreement.(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this chapter may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this chapter requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.(c) The presence in certain provisions of this chapter of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
WV Code § 46-1-303 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-303. Course of Performance, Course of Dealing, and Usage of Trade

(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and(2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:(1) Express terms prevail over course of performance, course of dealing, and usage of trade;(2) Course of performance prevails over course of dealing and usage of trade; and(3) Course of dealing prevails over usage of trade.(f) Subject to section 2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
WV Code § 46-1-304 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-304. Obligation of Good Faith

Every contract or duty within this chapter imposes an obligation of good faith in its performance and enforcement.
WV Code § 46-1-305 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-305. Remedies to Be Liberally Administered

(a) The remedies provided by this chapter must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this chapter or by other rule of law.(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
WV Code § 46-1-306 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-306. Waiver or Renunciation of Claim or Right After Breach

A claim or right arising out of an alleged breach may be discharged, in whole or in part, without consideration by agreement of the aggrieved party in an authenticated record.
WV Code § 46-1-307 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-307. Prima Facie Evidence by Third-Party Documents

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
WV Code § 46-1-308 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-308. Performance or Acceptance Under Reservation of Rights

(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.(b) Subsection (a) does not apply to an accord and satisfaction.
WV Code § 46-1-309 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-309. Option to Accelerate at Will

A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
WV Code § 46-1-310 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 1. General Provisions|§46-1-310. Subordinated Obligations

An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.
WV Code § 46-2-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-101. Short Title

§46-2-101. Short title. This article shall be known and may be cited as Uniform Commercial Code -- Sales.
WV Code § 46-2-102 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 2. Sales|§46-2-102. Scope; Certain Security and Other Transactions Excluded From This Article

Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.