{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-508.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-508.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-508.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-508.9.html"}],"law_id":86801,"edition_id":1,"section_id":86801,"structure_id":13931,"section_number":"59.1-508.9","catch_line":"Licensee’s damages","history":"2000, cc. 101, 996.","full_text":"a\n\nSubject to subsection (b) and except as otherwise provided in \u00a7 59.1-508.7, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section:1\n\ndamages measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution of any amounts paid for performance not received and not accounted for within the indicated recovery:A\n\nwith respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance;B\n\nwith respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked:i\n\nthe amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee;ii\n\nthe market value of the performance less the contract fee for that performance; oriii\n\nthe cost of a commercially reasonable substitute transaction less the contract fee under the breached contract, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; orC\n\ndamages calculated in any reasonable manner; and2\n\nincidental and consequential damages.b\n\nThe amount of damages must be reduced by any unpaid contract fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked.","order_by":null,"text":{"0":{"id":310807,"text":"Subject to subsection (b) and except as otherwise provided in \u00a7 59.1-508.7, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":310808,"text":"damages measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution of any amounts paid for performance not received and not accounted for within the indicated recovery:","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"A"},"2":{"id":310809,"text":"with respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"a1","next_prefix":"B"},"3":{"id":310810,"text":"with respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"i"},"4":{"id":310811,"text":"the amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee;","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"B","next_prefix":"iii"},"5":{"id":310812,"text":"the market value of the performance less the contract fee for that performance; or","type":"section","prefixes":["i","ii"],"prefix":"ii","entire_prefix":"iii","prefix_anchor":"iii","level":2,"prior_prefix":"i","next_prefix":"iiii"},"6":{"id":310813,"text":"the cost of a commercially reasonable substitute transaction less the contract fee under the breached contract, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; or","type":"section","prefixes":["i","iii"],"prefix":"iii","entire_prefix":"iiii","prefix_anchor":"iiii","level":2,"prior_prefix":"iii","next_prefix":"C"},"7":{"id":310814,"text":"damages calculated in any reasonable manner; and","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"iiii","next_prefix":"C2"},"8":{"id":310815,"text":"incidental and consequential damages.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"b"},"9":{"id":310816,"text":"The amount of damages must be reduced by any unpaid contract fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":13931,"edition_id":1,"name":"Remedies","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:20","date_modified":"2026-06-26 03:46:20","permalink":{"id":262309,"object_type":"structure","relational_id":13931,"identifier":"8","token":"59.1\/43\/8","url":"\/59.1\/43\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63224,"structure_id":13931,"section_number":"59.1-508.1","catch_line":"Remedies in general","url":"\/59.1-508.1\/","token":"59.1\/43\/8\/59.1-508.1","metadata":false},{"id":62869,"structure_id":13931,"section_number":"59.1-508.10","catch_line":"Recoupment","url":"\/59.1-508.10\/","token":"59.1\/43\/8\/59.1-508.10","metadata":false},{"id":83172,"structure_id":13931,"section_number":"59.1-508.11","catch_line":"Specific performance","url":"\/59.1-508.11\/","token":"59.1\/43\/8\/59.1-508.11","metadata":false},{"id":71286,"structure_id":13931,"section_number":"59.1-508.12","catch_line":"Completing performance","url":"\/59.1-508.12\/","token":"59.1\/43\/8\/59.1-508.12","metadata":false},{"id":64039,"structure_id":13931,"section_number":"59.1-508.13","catch_line":"Continuing use","url":"\/59.1-508.13\/","token":"59.1\/43\/8\/59.1-508.13","metadata":false},{"id":57350,"structure_id":13931,"section_number":"59.1-508.14","catch_line":"Discontinuing access","url":"\/59.1-508.14\/","token":"59.1\/43\/8\/59.1-508.14","metadata":false},{"id":66526,"structure_id":13931,"section_number":"59.1-508.15","catch_line":"Right to possession and to prevent use","url":"\/59.1-508.15\/","token":"59.1\/43\/8\/59.1-508.15","metadata":false},{"id":69891,"structure_id":13931,"section_number":"59.1-508.16","catch_line":"Limitations on electronic 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damages","url":"\/59.1-508.8\/","token":"59.1\/43\/8\/59.1-508.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-508.9\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":76155,"section_number":"59.1-501.2","catch_line":"Definitions","order_by":null,"url":"\/59.1-501.2\/"}],"refers_to":[{"id":54986,"section_number":"59.1-508.7","catch_line":"Measurement of damages in general","order_by":null,"url":"\/59.1-508.7\/"}],"permalink":{"id":262375,"object_type":"law","relational_id":86801,"identifier":"59.1-508.9","token":"59.1\/43\/8\/59.1-508.9","url":"\/59.1-508.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-508.9\/","token":"59.1\/43\/8\/59.1-508.9","dublin_core":{"Title":"Licensee’s damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-508.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Subject to subsection (b) and except as otherwise provided in \u00a7 59.1-508.7<\/a>, a breach of contract<\/span> by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract<\/span>, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> damages<\/span> measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution<\/span> of any amounts paid for performance not received and not accounted for within the indicated recovery: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> with respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> with respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> the amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> the market value of the performance less the contract<\/span> fee for that performance; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

iii.<\/span> the cost of a commercially reasonable substitute transaction less the contract<\/span> fee under the breached contract<\/span>, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> damages<\/span> calculated in any reasonable manner; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> incidental and consequential damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The amount of damages<\/span> must be reduced by any unpaid contract<\/span> fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSEE’S DAMAGES (\u00a7 59.1-508.9)\n\na. Subject to subsection (b) and except as otherwise provided in \u00a7 59.1-508.7,\na breach of contract by a licensor entitles the licensee to recover the\nfollowing compensation for losses resulting in the ordinary course from the\nbreach or, if appropriate, as to the whole contract, less expenses avoided as a\nresult of the breach to the extent not otherwise accounted for under this\nsection:\n\n 1. damages measured in any combination of the following ways, but not to\n exceed the market value of the performance that was the subject of the breach\n plus restitution of any amounts paid for performance not received and not\n accounted for within the indicated recovery:\n\nA. with respect to performance that has been accepted and the acceptance not\nrightfully revoked, the value of the performance required less the value of the\nperformance accepted as of the time and place of acceptance;\n\nB. with respect to performance that has not been rendered or that was rightfully\nrefused or acceptance of which was rightfully revoked:\n\ni. the amount of any payments made and the value of other consideration given to\nthe licensor with respect to that performance and not previously returned to the\nlicensee;\n\n ii. the market value of the performance less the contract fee for that\n performance; or\n\n iii. the cost of a commercially reasonable substitute transaction less the\n contract fee under the breached contract, if the substitute transaction was\n entered into by the licensee in good faith and without unreasonable delay for\n substantially similar information with the same contractual use terms; or\n\nC. damages calculated in any reasonable manner; and\n\n 2. incidental and consequential damages.\n\nb. The amount of damages must be reduced by any unpaid contract fees for\nperformance by the licensor which has been accepted by the licensee and as to\nwhich the acceptance has not been rightfully revoked.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}