West Virginia Code § 46-5-111

Remedies
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(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter
of credit before presentation, the beneficiary, successor, or nominated person presenting on
its own behalf may recover from the issuer the amount that is the subject of the dishonor or
repudiation. If the issuer's obligation under the letter of credit is not for the payment of
money, the claimant may obtain specific performance or, at the claimant's eelection, recover
an amount equal to the value of performance from the issuer. In either case, the claimant
may also recover incidental but not consequential damages. The claimarnt is not obligated to
take action to avoid damages that might be due from the issuer under this subsection. If,
although not obligated to do so, the claimant avoids damages, the claimant's recovery from
the issuer must be reduced by the amount of damages avoided. The issuer has the burden of
proving the amount of damages avoided. In the case of reputdiation the claimant need not
present any document.
(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or
honors a draft or demand in breach of its obligation to the applicant, the applicant may
recover damages resulting from the breach, inscluding incidental but not consequential
damages, less any amount saved as a result of the breach.
(c) If an adviser or nominated persogn other than a confirmer breaches an obligation under
this article or an issuer breaches an obligation not covered in subsection (a) or (b), a person
to whom the obligation is owede may recover damages resulting from the breach, including
incidental but not consequential damages, less any amount saved as a result of the breach.
To the extent of the conLfirmation, a confirmer has the liability of an issuer specified in this
subsection and subsections (a) and (b).
(d) An issuer, nominated person, or adviser who is found liable under subsections (a), (b), or
(c) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or
other appropriate date.
(e) Reasonable attorney's fees and other expenses of litigation must be awarded to the
prevailing party in an action in which a remedy is sought under this article.
(f) Damages that would otherwise be payable by a party for breach of an obligation under
this article may be liquidated by agreement or undertaking, but only in an amount or by a
formula that is reasonable in light of the harm anticipated.

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