West Virginia Code § 46-2-106

Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present
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sale"; "conforming" to contract; "termination"; "cancellation."
(1) In this article unless the context otherwise requires "contract" and "agreement" are
limited to those relating to the present or future sale of goods. "Contract for sale" includes
both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in
the passing of title from the seller to the buyer for a price (section 2-401). Ae "present sale"
means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are "conforming" or conform to
the contract when they are in accordance with the obligations unuder the contract.
(3) "Termination" occurs when either party pursuant to a power created by agreement or
law puts an end to the contract otherwise than for its breach. On "termination" all
obligations which are still executory on both sides are discharged but any right based on
prior breach or performance survives.
(4) "Cancellation" occurs when either party pusts an end to the contract for breach by the
other and its effect is the same as that of "termination" except that the cancelling party also
retains any remedy for breach of the wholei contract or any unperformed balance.

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