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In West Virginia, magistrate courts are non-lawyer small claims and petty crime courts, established to replace the justice of the peace system in 1976. There are at least two magistrates in every county, and ten in the largest county, Kanawha . [ 1 ]
Within the United States, a statute of limitations is typically deemed to be a procedural law, meaning that a state will ordinarily apply its own statute of limitations to any case that is filed within its courts. [1] A borrowing statute, is a statute under which a U.S. state may "borrow" a shorter statute of limitations for a cause of action ...
Inducing a breach of contract was a tort of accessory liability, and an intention to cause a breach of contract was a necessary and sufficient requirement for liability; a person had to know that he was inducing a breach of contract and to intend to do so; that a conscious decision not to inquire into the existence of a fact could be treated as ...
Courts of West Virginia include: State courts of West Virginia. Supreme Court of Appeals of West Virginia [1] Intermediate Court of Appeals of West Virginia (Effective July 1, 2022) [2] West Virginia Circuit Courts (31 judicial circuits) [1] West Virginia Family Courts [1] West Virginia Magistrate Courts [1] West Virginia Municipal Courts [1]
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract.
Rescission at common law (as distinct from rescission in equity) is a self-help remedy: historically, the common law courts simply gave effect to the rescinding party's unequivocal election to rescind the contract. Rescission at common law is only available for fraudulent misrepresentations and duress. Rescission renders the contract void ab ...
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.