59.1-214 - Remedies. - Virginia Statutes

§ 59.1-214. Remedies.

A. Any contract for invention development services which does notsubstantially comply with the applicable provisions of this chapter may bevoidable at the option of the customer. Any contract for inventiondevelopment services entered into in reliance upon any false, fraudulent ormisleading information, representation, notice or advertisement of theinvention developer may be voidable at the option of the customer. Any waiverby the customer of any of the provisions of this chapter shall be deemedcontrary to public policy and shall be void and unenforceable.

B. In addition, any customer who has been injured by a violation of thischapter by an invention developer or by any false or fraudulent statement,representation or omission of material fact by an invention developer, or byfailure of an invention developer to make all the disclosures required bythis chapter, may recover in a civil action against the invention developer,in addition to reasonable costs and attorneys' fees, the greater of: (i)$1,000, or (ii) the amount of actual damages, if any, sustained by thecustomer.

C. For the purpose of this section, substantial violation of any provision ofthis chapter by an invention developer or execution by the customer of acontract for invention development services in reliance on any such false orfraudulent statements, representations, or material omissions shall establisha rebuttable presumption of injury.

(1977, c. 649.)