7-2-206
Section 7-2-206 Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously
indicated by the language or circumstances: (a) An offer to make a contract shall be construed
as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b)
An order or other offer to buy goods for prompt or current shipment shall be construed as
inviting acceptance either by a prompt promise to ship or by the prompt or current shipment
of conforming or nonconforming goods, but such a shipment of nonconforming goods does not
constitute an acceptance if the seller seasonably notifies the buyer that the shipment is
offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance
is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a
reasonable time may treat the offer as having lapsed before acceptance. (Acts 1965, No. 549,
p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-206.htm - 1K - Match Info - Similar pages

7-2A-206
Section 7-2A-206 Offer and acceptance in formation of lease contract. (1) Unless otherwise
unambiguously indicated by the language or circumstances, an offer to make a lease contract
must be construed as inviting acceptance in any manner and by any medium reasonable in the
circumstances. (2) If the beginning of a requested performance is a reasonable mode of acceptance,
an offeror who is not notified of acceptance within a reasonable time may treat the offer
as having lapsed before acceptance. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §206.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-206.htm - 869 bytes - Match Info - Similar pages

8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages

27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-60-2.htm - 45K - Match Info - Similar pages

7-2-207
Section 7-2-207 Additional terms in acceptance or confirmation. (1) A definite and seasonable
expression of acceptance or a written confirmation which is sent within a reasonable time
operates as an acceptance even though it states terms additional to or different from those
offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional
or different terms. (2) The additional terms are to be construed as proposals for addition
to the contract. Between merchants such terms become part of the contract unless: (a) The
offer expressly limits acceptance to the terms of the offer; (b) They materially alter it;
or (c) Notification of objection to them has already been given or is given within a reasonable
time after notice of them is received. (3) Conduct by both parties which recognizes the existence
of a contract is sufficient to establish a contract for sale although the writings of the
parties do not otherwise establish a contract. In such case the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-207.htm - 1K - Match Info - Similar pages

7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-508.htm - 2K - Match Info - Similar pages

7-2-709
Section 7-2-709 Action for the price. (1) When the buyer fails to pay the price as it becomes
due the seller may recover, together with any incidental damages under Section 7-2-710, the
price: (a) Of goods accepted or of conforming goods lost or damaged within a commercially
reasonable time after risk of their loss has passed to the buyer; and (b) Of goods identified
to the contract if the seller is unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where
the seller sues for the price he must hold for the buyer any goods which have been identified
to the contract and are still in his control except that if resale becomes possible he may
resell them at any time prior to the collection of the judgment. The net proceeds of any such
resale must be credited to the buyer and payment of the judgment entitles him to any goods
not resold. (3) After the buyer has wrongfully rejected or revoked...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-709.htm - 1K - Match Info - Similar pages

7-2-714
in regard to accepted goods. (1) Where the buyer has accepted goods and given notification
(subsection (3) of Section 7-2-607) he may recover as damages for any nonconformity of tender
the loss resulting in the ordinary course of events from the seller's breach as determined
in any manner which is reasonable. (2) The measure of damages for breach of warranty is the
difference at the time and place of acceptance between the value of the goods accepted and
the value they would have had if they had been as warranted, unless special circumstances
show proximate damages of a different amount, and nothing in this section shall be construed
so as to limit the seller's liability for damages for injury to the person in the case
of consumer goods. Damages in an action for injury to the person include those damages
ordinarily allowable in such actions at law. (3) In a proper case any incidental and consequential
damages under Section 7-2-715 may also be recovered. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-714.htm - 1K - Match Info - Similar pages

7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under the lease
contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or, if agreed, after
other default by the lessee, if the lessor complies with subsection (2), the lessor may recover
from the lessee as damages: (a) for goods accepted by the lessee and not repossessed by or
tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable
time after risk of loss passes to the lessee (Section 7-2A-219), (i) accrued and unpaid rent
as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the
same date of the rent for the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under Section 7-2A-530, less expenses saved in consequence
of the lessee's default; and (b) for goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-529.htm - 3K - Match Info - Similar pages

7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform his
duty through a delegate unless otherwise agreed or unless the other party has a substantial
interest in having his original promisor perform or control the acts required by the contract.
No delegation of performance relieves the party delegating of any duty to perform or any liability
for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise agreed,
all rights of either seller or buyer can be assigned except where the assignment would materially
change the duty of the other party, or increase materially the burden or risk imposed on him
by his contract, or impair materially his chance of obtaining return performance. A right
to damages for breach of the whole contract or a right arising out of the assignor's due performance
of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment,
perfection, or enforcement of a security...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-210.htm - 3K - Match Info - Similar pages