West Virginia Rights of Operator Against A Defaulting Party Pre 1989 Agreements

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Multi-State
Control #:
US-OG-719
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Word; 
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Description

This form is used if any party fails or is unable to pay its proportionate share of the costs for the operation, the Operator shall have the right to enforce the lien, or the Operator shall have the right, exercised before or after Completion of the operation.

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FAQ

An implied warranty is a guarantee that is not written down or explicitly spoken. Article 2 of the Uniform Commercial Code ("UCC") governs the sale of goods. An implied warranty is automatically presumed regarding the sale of goods or real property, which prevents a risk from transferring to the buyer.

Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.

An individual who is a party to an in-person, telephone or electronic conversation, or who has the consent of one of the parties to the conversation, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. W. Va. Code § 62-1D-3.

This warranty may be excluded or modified by specific language in the contract to that effect, or ?by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.? Com. Code §2312(2).

"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...

West Virginia is a one-party consent state when it comes to audio recording, meaning that if you intend on recording a conversation, at least one person in the conversation must consent for the recording to be legal [1]. If you're a participant in a conversation, you can be the one person to consent to the recording.

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West Virginia Rights of Operator Against A Defaulting Party Pre 1989 Agreements