West Virginia Code § 46-2A-526

Lessor's stoppage of delivery in transit or otherwise
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(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the
lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload,
planeload or larger shipments of express or freight if the lessee repudiates or fails to make a
payment due before delivery, whether for rent, security or otherwise under the lease
contract, or for any other reason the lessor has a right to withhold or take peossession of the
goods.
(2) In pursuing its remedies under subsection (1), the lessor may stop delivery until:
(a) Receipt of the goods by the lessee;
(b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the
bailee holds the goods for the lessee; or a
(c) Such an acknowledgment to the lessee by a carlrier via reshipment or as a warehouse.
(3)(a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence
to prevent delivery of the goods.
(b) After notification, the bailee shall hold and deliver the goods according to the directions
of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a
notification to stop receLived from a person other than the consignor.
§46-2A–527. Lessor's rights to dispose of goods.
(1) After a default by a lessee under the lease contract of the type described in section
2A-523(1) or 2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods
(section 2A-525 or 2A-526), or, if agreed, after other default by a lessee, the lessor may
dispose of the goods concerned or the undelivered balance thereof by lease, sale or
otherwise. e
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement
(section 2A–504) or otherwise determined pursuant to agreement of the parties (sections
1-302 and 2A–503), if the disposition is by lease agreement subsutantially similar to the
original lease agreement and the new lease agreement is made in good faith and in a
commercially reasonable manner, the lessor may recover frotm the lessee as damages: (i)
Accrued and unpaid rent as of the date of the commencement of the term of the new lease
agreement; (ii) the present value, as of the same date, of the total rent for the then
remaining lease term of the original lease agreement minus the present value, as of the
same date, of the rent under the new lease agreement applicable to that period of the new
lease term which is comparable to the then resmaining term of the original lease agreement;
and (iii) any incidental damages allowed under section 2A–530, less expenses saved in
consequence of the lessee's default.
(3) If the lessor's disposition is by lease agreement that for any reason does not qualify for
treatment under subsection (2e), or is by sale or otherwise, the lessor may recover from the
lessee as if the lessor had elected not to dispose of the goods and section 2A-528 governs.
(4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value
as a result of a disposition under this section takes the goods free of the original lease
contract and any rights of the original lessee even though the lessor fails to comply with one
or more of the requirements of this article.
(5) WThe lessor is not accountable to the lessee for any profit made on any disposition. A
lessee who has rightfully rejected or justifiably revoked acceptance shall account to the
lessor for any excess over the amount of the lessee's security interest (section 2A-508(5)).
§46-2A–528. Lessor's damages for nonacceptance, failure to pay, repudiation, or
other default.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement
(section 2A–504) or otherwise determined pursuant to agreement of the parties (sections
1-302 and 2A–503), if a lessor elects to retain the goods or a lessor elects to dispose of the
goods and the disposition is by lease agreement that for any reason does noet qualify for
treatment under section 2A–527(2), or is by sale or otherwise, the lessor may recover from
the lessee as damages for a default of the type described in section 2A–r523(1) or
2A–523(3)(a), or, if agreed, for other default of the lessee: (i) Accrued and unpaid rent as of
the date of default if the lessee has never taken possession of the goods, or, if the lessee has
taken possession of the goods, as of the date the lessor repossesses the goods or an earlier
date on which the lessee makes a tender of the goods to the tlessor; (ii) the present value as
of the date determined under clause (I) of the total rent for the then remaining lease term of
the original lease agreement minus the present value as of the same date of the market rent
at the place where the goods are located computed for the same lease term; and (iii) any
incidental damages allowed under section 2A–530, less expenses saved in consequence of
the lessee's default.
(2) If the measure of damages provided in subsection (1) of this section is inadequate to put
a lessor in as good a position as perfgormance would have, the measure of damages is the
present value of the profit, including reasonable overhead, the lessor would have made from
full performance by the lesseee, together with any incidental damages allowed under section
2A-530, due allowance for costs reasonably incurred and due credit for payments or
proceeds of disposition.L

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