West Virginia Statutes
§ 46-1-308 — Performance or acceptance under reservation of rights
West Virginia § 46-1-308
This text of West Virginia § 46-1-308 (Performance or acceptance under reservation of rights) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
W. Va. Code § 46-1-308 (2026).
Text
(a)A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.
(b)Subsection (a) does not apply to an accord and satisfaction.
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Legislative History
2006 Reg. Sess., SB742
Nearby Sections
15
§ 46-1-101
Short titles§ 46-1-102
Scope of article§ 46-1-104
Construction against implied repeal§ 46-1-105
Severability§ 46-1-106
Use of singular and plural; gender§ 46-1-107
Section captions§ 46-1-109
Repealed. Acts, 2006 Reg. Sess., Ch. 247§ 46-1-201
General definitions§ 46-1-202
Notice; knowledge§ 46-1-204
Value§ 46-1-205
Reasonable time; seasonableness§ 46-1-206
PresumptionsCite This Page — Counsel Stack
Bluebook (online)
West Virginia § 46-1-308, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/46/46-1-308.