West Virginia Code § 46-2A-221

Casualty to identified goods
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If a lease contract requires goods identified when the lease contract is made, and the goods
suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the
goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement
or section 2A-219, then:
(a) If the loss is total, the lease contract is avoided; and
(b) If the loss is partial or the goods have so deteriorated as to no longer conform to the
lease contract, the lessee may nevertheless demand inspection aund at his or her option
either treat the lease contract as avoided or, except in a finance lease that is not a consumer
lease, accept the goods with due allowance from the rent payable for the balance of the
lease term for the deterioration or the deficiency in quantity but without further right
against the lessor.
Part 3. Effect Of Lease Contract

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