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36-36-8
Section 36-36-8 Liability of trustees. (a) A trustee shall not be: (1) personally liable for
any liability, loss, or expense suffered by the trust, unless such liability, loss, or expense
arises out of or results from the willful misconduct or intentional wrongdoing of such trustee;
(2) responsible for the adequacy of the trust to meet and discharge any obligation under the
relevant health care post-employment benefit plan; or (3) required to take action to enforce
the payment of any contribution or appropriation to the trust. (b) The trustees may be indemnified
by the trusts and from funds of the trusts against costs, liabilities, losses, damages, and
expenses, including their attorneys fees, as more fully provided in the respective trust agreements,
unless such cost, liability, loss, damage, or expense arises out of or results from the willful
misconduct or intentional wrongdoing of such trustee. (Act 2007-16, 1st Sp. Sess., p. 25,
§8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-36-8.htm - 1K - Match Info - Similar pages
7-3-415
Section 7-3-415 Obligation of indorser. (a) Subject to subsections (b), (c), and (d) and to
Section 7-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount
due on the instrument (i) according to the terms of the instrument at the time it was indorsed,
or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed,
to the extent stated in Sections 7-3-115 and 7-3-407. The obligation of the indorser is owed
to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument
under this section. (b) If an indorsement states that it is made "without recourse"
or otherwise disclaims liability of the indorser, the indorser is not liable under subsection
(a) to pay the instrument. (c) If notice of dishonor of an instrument is required by Section
7-3-503 and notice of dishonor complying with that section is not given to an indorser, the
liability of the indorser under subsection (a) is discharged. (d)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-415.htm - 1K - Match Info - Similar pages
7-7-302
Section 7-7-302 Through bills of lading and similar documents of title. (a) The issuer of a
through bill of lading, or other document of title embodying an undertaking to be performed
in part by a person acting as its agent or by a performing carrier, is liable to any person
entitled to recover on the bill or other document for any breach by the other person or the
performing carrier of its obligation under the bill or other document. However, to the extent
that the bill or other document covers an undertaking to be performed overseas or in territory
not contiguous to the continental United States or an undertaking including matters other
than transportation, this liability for breach by the other person or the performing carrier
may be varied by agreement of the parties. (b) If goods covered by a through bill of lading
or other document of title embodying an undertaking to be performed in part by a person other
than the issuer are received by that person, the person is subject, with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-302.htm - 2K - Match Info - Similar pages
18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference
with possession or use of, property caused by his entry and activities upon the property.
This liability may be enforced in a subsequent condemnation proceeding filed within the period
specified as a retention period in Section 18-1A-52 or, if no such proceeding is filed within
such period of time, by civil action with the right of trial by jury on demand of either party.
(b) If funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person
entitled to damages under subsection (a) may apply to the circuit court for payment of his
damages from such funds. If the amount on deposit is insufficient to pay the full amount,
the circuit court shall enter judgment against the condemnor for the unpaid portion. (Acts
1985, No. 85-548, p. 802, §305.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-54.htm - 1K - Match Info - Similar pages
3-5-3
Section 3-5-3 Liability of owner for damages done by livestock or animals running at large;
judgment lien upon animal or livestock causing damage. (a) The owner of such livestock or
animal being or running at large upon the premises of another or upon the public lands, roads,
highways or streets in the State of Alabama shall be liable for all damages done to crops,
shade or fruit trees or ornamental shrubs and flowers of any person, to be recovered before
any court of competent jurisdiction; provided, that the owner of any stock or animal shall
not be liable for any damages to any motor vehicle or any occupant thereof suffered, caused
by or resulting from a collision with such stock or other animal, unless it be proven that
such owner knowingly or wilfully put or placed such stock upon such public highway, road or
street where such damages were occasioned. (b) The judgment of the court against the owner
of such livestock or animal so depredating shall be a lien superior to all other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/3-5-3.htm - 1K - Match Info - Similar pages
37-3-23
Section 37-3-23 Bills of lading. Every common carrier by motor vehicle subject to the provisions
of this chapter receiving property for transportation originating and terminating in this
state shall issue to the shipper a receipt or bill of lading therefor and shall be liable
as a common carrier under the laws of this state to the lawful holder thereof for any loss,
damage or injury to such property caused by it; and no contract, stipulation, receipt,
rule or regulation contained in said receipt or bill of lading, or otherwise, shall exempt
such common carrier from the liability hereby imposed; but nothing in this section shall deprive
any holder of such receipt or bill of lading of any remedy or right of action which he has
under existing law. Every bill of lading so issued to the shipper shall state the class or
classes of freight or express shipped and the rate to the point of destination and the aggregate
charge made for the transportation. The commission shall prescribe the forms...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-3-23.htm - 1K - Match Info - Similar pages
40-29-24
in possession of (or obligated with respect to) property or rights to property subject to levy
upon which a levy has been made shall, upon demand of the Commissioner of Revenue or his delegate,
surrender such property or rights (or discharge such obligation) to the Commissioner of Revenue
or his delegate, except such part of the property or rights as is, at the time of such demand,
subject to an attachment or execution under any judicial process. (b) Enforcement of levy.
(1) EXTENT OF PERSONAL LIABILITY. Any person who fails or refuses to surrender any
property or rights to property, subject to levy, upon demand by the Commissioner of Revenue,
shall be liable in his own person and estate to the State of Alabama in a sum equal to the
value of the property or rights not so surrendered, but not exceeding the amount of taxes
for the collection of which such levy has been made, together with costs and interest on such
sum at an annual rate established by law from the date of such levy...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-24.htm - 3K - Match Info - Similar pages
6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person
or damage to property arising out of an accident, the right of the plaintiff to recover jointly
and severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-755.htm - 3K - Match Info - Similar pages
7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-625.htm - 3K - Match Info - Similar pages
10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.03.htm - 25K - Match Info - Similar pages
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