W. Va. Code » §46-2-714. Buyer's damages for breach in regard to accepted goods.
West Virginia Code

W. Va. Code § 46-2-714 (2026)

Buyer's damages for breach in regard to accepted goods

✓ current as of May 2026
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 2. SALES.

§46-2-714. Buyer's damages for breach in regard to accepted goods.

(1) Where the buyer has accepted goods and given notification (subsection (3) of section 2-607), he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable.

(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.

(3) In a proper case any incidental and consequential damages under the next section may also be recovered.

Notes of Decisions
Cited in 10 cases, 1978–2018 · leading case: Mountaineer Contractors v. MOUNTAIN STATE, 268 S.E.2d 886 (W. Va. 1980).
Sort: Relevance Newest Treatment
Mountaineer Contractors v. MOUNTAIN STATE, 268 S.E.2d 886 (W. Va. 1980). · cites it 8× “W.Va. Code § 46-2-714(2). However, this method of measuring damages is not intended to be the exclusive measure of damages, and where "special circumstances" show proximate damages of a different amount, the usual measure of damages for breach of warranty need not be used.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978). · cites it 2× “2d 831, 845 (1973); see W.Va. Code § 46-2-714(2). If the fair market value of an apartment in its defective *389 condition is $100, yet would be worth $200 but for the breach of warranty, then the tenant sustains $100 per month in general damages.”
Mountaineer Contractors, Inc. v. Mountain State Mack, Inc., 30 U.C.C. Rep. Serv. (West) 134 (W. Va. 1979). · cites it 7× “W.Va. Code §§ 46-2-714 (3), 715. We think the facts of this case present special circumstances justifying a measure of damages other than that ordinarily used in a breach of warranty action.”
In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018). “As with common-law fraud, however, the Belville court did not specifically analyze West Virginia law in concluding that the state required manifestation for an implied warranty claim.”
Eriksen Const. Co., Inc. v. Morey, 923 F. Supp. 878 (S.D.W. Va 1996). · cites it 2× “W.Va.Code § 46-2-714. Here, prejudgment interest accrues from June 2, 1994, the date Plaintiff received the defective crane.”
City Nat. Bank of Charleston v. Wells, 384 S.E.2d 374 (W. Va. 1989). “It is generally accepted that where the buyer revokes his acceptance of the goods and seeks cancellation of the contract, the proper measure of damages is set forth in W.”
McCollins v. Bayer Corp., 265 F.R.D. 453 (D. Minnesota 2008). “27, 2002) (finding causation is required for breach of warranty claims and alleged violations of the WVCCPA) (citing W. Va. Code § 46-2-714 ); Bertovich v. Advanced Brands & Importing, Co.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979). · cites it 2× “If the fair market value of an apartment in its defective condition is $100, yet would be worth $200 but for the breach of warranty, then the tenant sustains $100 per month in general damages. The actual monthly rent contracted for is irrelevant under this approach, except…”
Kesner v. Lancaster, 378 S.E.2d 649 (W. Va. 1989). “First, he refers to W.Va.Code, 46-2-714(2), which involves the measure of damages where there is a suit for breach of warranty.”
Eriksen Constr Co v. Morey (4th Cir. 1997). “As Eriksen points out, W. Va. Code § 46-2-714 (1) provides that damages resulting from a seller's breach may be "determined in any manner which is reasonable.”
W. Va. Code § 46-2-714(2): 6 cases
Mountaineer Contractors v. MOUNTAIN STATE, 268 S.E.2d 886 (W. Va. 1980). “W.Va. Code § 46-2-714(2). However, this method of measuring damages is not intended to be the exclusive measure of damages, and where "special circumstances" show proximate damages of a different amount, the usual measure of damages for breach of warranty need not be used.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978). “2d 831, 845 (1973); see W.Va. Code § 46-2-714(2). If the fair market value of an apartment in its defective *389 condition is $100, yet would be worth $200 but for the breach of warranty, then the tenant sustains $100 per month in general damages.”
Mountaineer Contractors, Inc. v. Mountain State Mack, Inc., 30 U.C.C. Rep. Serv. (West) 134 (W. Va. 1979). “W.Va. Code §§ 46-2-714 (3), 715. We think the facts of this case present special circumstances justifying a measure of damages other than that ordinarily used in a breach of warranty action.”
City Nat. Bank of Charleston v. Wells, 384 S.E.2d 374 (W. Va. 1989). “It is generally accepted that where the buyer revokes his acceptance of the goods and seeks cancellation of the contract, the proper measure of damages is set forth in W.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979). “If the fair market value of an apartment in its defective condition is $100, yet would be worth $200 but for the breach of warranty, then the tenant sustains $100 per month in general damages. The actual monthly rent contracted for is irrelevant under this approach, except…”
W. Va. Code § 46-2-714(3): 1 case
Mountaineer Contractors v. MOUNTAIN STATE, 268 S.E.2d 886 (W. Va. 1980). “W.Va. Code § 46-2-714(2). However, this method of measuring damages is not intended to be the exclusive measure of damages, and where "special circumstances" show proximate damages of a different amount, the usual measure of damages for breach of warranty need not be used.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.