2010 West Virginia Code
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT
ARTICLE 2. ADMINISTRATION AND ENFORCEMENT.
§32B-2-13. Affirmative defense.
§32B-2-13. Affirmative defense.(a) It is a defense in any complaint, information, indictment, writ or proceeding brought under this chapter alleging a violation of the provisions of section two, article one of this chapter, based solely on the failure in an individual case to make physical delivery within the applicable time period under the provisions of subsection (e), section one or subdivision (2), subsection (a), section four, article one of this chapter if:
(b) Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or the seller's affiliates, subsidiaries or successors; and
(c) Physical delivery was completed within a reasonable time under the applicable circumstances.
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