6-5-462
Section 6-5-462 Survival - Claims by and against personal representative in proceedings not
of an equitable nature. In all proceedings not of an equitable nature, all claims upon which
an action has been filed and all claims upon which no action has been filed on a contract,
express or implied, and all personal claims upon which an action has been filed, except for
injuries to the reputation, survive in favor of and against personal representatives; and
all personal claims upon which no action has been filed survive against the personal representative
of a deceased tort-feasor. (Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code
1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150;
Acts 1951, No. 737, p. 1290.)...
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7-2-201
Section 7-2-201 Formal requirements; statute of frauds. (1) Except as otherwise provided in
this section a contract for the sale of goods for the price of $500 or more is not enforceable
by way of action or defense unless there is some writing sufficient to indicate that a contract
for sale has been made between the parties and signed by the party against whom enforcement
is sought or by his authorized agent or broker. A writing is not insufficient because it omits
or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph
beyond the quantity of goods shown in such writing. (2) Between merchants if within a reasonable
time a writing in confirmation of the contract and sufficient against the sender is received
and the party receiving it has reason to know its contents, it satisfies the requirements
of subsection (1) against such party unless written notice of objection to its contents is
given within 10 days after it is received. (3) A contract...
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7-8-319
Section 7-8-319 (Effective Until January 1, 1997) Statute of frauds. A contract for the sale
of securities is not enforceable by way of action or defense unless: (a) There is some writing
signed by the party against whom enforcement is sought or by his authorized agent or broker
sufficient to indicate that a contract has been made for sale of a stated quantity of described
securities at a defined or stated price; or (b) Delivery of the security has been accepted
or payment has been made but the contract is enforceable under this provision only to the
extent of such delivery or payment; or (c) Within a reasonable time a writing in confirmation
of the sale or purchase and sufficient against the sender under paragraph (a) has been received
by the party against whom enforcement is sought and he has failed to send written objection
to its contents within 10 days after its receipt; or (d) The party against whom enforcement
is sought admits in his pleading, testimony or otherwise in court...
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8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of
surety upon failure to bring action. (a) A surety upon any contract for the payment of money
or for the delivery or payment of personal property may require the creditor or anyone having
the beneficial interest in the contract, by notice in writing, to bring an action thereon
against the principal debtor or against any cosurety to such contract. (b) If an action is
not brought thereon in three months after the receipt of such notice and prosecuted with diligence
according to the ordinary course of law, the surety giving such notice is discharged from
all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One
surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section
does not apply to bonds or other contracts with collateral conditions, nor to the bonds of
executors, administrators, guardians, or public officers. (Code 1852,...
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8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
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8-5-30
Section 8-5-30 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - Costs recoverable against assignor or endorser. The costs
in an action against the maker in an assigned or endorsed contract which is not governed by
the Uniform Commercial Code are recoverable in the action against the assignor or endorser.
(Code 1852, §1548; Code 1867, §1856; Code 1876, §2117; Code 1886, §1782; Code 1896, §896;
Code 1907, §5157; Code 1923, §9230; Code 1940, T. 39, §199.)...
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25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death entered
into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit
or indemnity by the person entitled thereto shall constitute any bar or defense to any action
brought to recover damages for personal injuries to or death of such employee, but, upon the
trial of such action against any employer, the defendant may set off therein any sum he has
contributed toward any such insurance, relief benefit, or indemnity that may have been paid
to the injured employee or, in case of death, to his personal representative. (Code 1907,
§3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
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6-5-228
Section 6-5-228 Actions relating to sale or disposition of real estate; actions against persons
other than architects, engineers, or builders. Nothing contained in this article shall be
construed as affecting any period of limitation for any cause of action arising out of or
relating to the sale or disposition of real estate, or against any person other than architects,
engineers, and builders as defined in this article. (Acts 1994, No. 94-138, p. 183, §9.)...

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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering under
this chapter shall be deemed to have assigned his or her rights under the policy to the association
to the extent of his or her recovery from the association. Every insured or claimant seeking
the protection of this chapter shall cooperate with the association to the same extent as
such person would have been required to cooperate with the insolvent insurer. The association
shall have no cause of action against the insured of the insolvent insurer for any sums it
has paid out except for those causes of action the insolvent insurer would have had if such
sums had been paid by the insolvent insurer and except as provided in subsections (d), (e),
(f), (g), and (h) below. In the case of an insolvent insurer operating on a plan with assessment
liability, payments of claims of the association may not operate to reduce the liability of
insureds to the receiver, liquidator, or statutory successor for...
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