CODE OF VIRGINIA

RULE OF CONSTRUCTION (§ 59.1-501.6)

a. This chapter must be liberally construed and applied to promote its
underlying purposes and policies to:

   1. support and facilitate the realization of the full potential of computer
   information transactions;

   2. clarify the law governing computer information transactions;

   3. enable expanding commercial practice in computer information transactions
   by commercial usage and agreement of the parties;

   4. promote uniformity of the law with respect to the subject matter of this
   chapter among States that enact it; and

   5. permit the continued expansion of commercial practices in the excluded
   transactions through custom, usage and agreement of the parties.

b. Except as otherwise provided in § 59.1-501.15, the use of mandatory
language or the absence of a phrase such as “unless otherwise
agreed” in a provision of this chapter does not preclude the parties from
varying the effect of the provision by agreement.

c. The fact that a provision of this chapter imposes a condition for a result
does not by itself mean that the absence of that condition yields a different
result.

d. To be enforceable, a term need not be conspicuous, negotiated, or expressly
assented or agreed to, unless this chapter expressly so requires.

HISTORY: 2000, cc. 101, 996; 2004, c. 794.