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7-2-502
Section 7-2-502 Buyer's right to goods. (1) Subject to subsections (2) and (3) and even though
the goods have not been shipped a buyer who has paid a part or all of the price of goods in
which he has a special property under the provisions of Section 7-2-501 may on making and
keeping good a tender of any unpaid portion of their price recover them from the seller if:
(a) in the case of goods bought for personal, family, or household purposes, the seller repudiates
or fails to deliver as required by the contract; or (b) in all cases, the seller becomes insolvent
within 10 days after receipt of the first installment on their price. (2) The buyer's right
to recover the goods under subsection (1)(a) vests upon acquisition of a special property,
even if the seller had not then repudiated or failed to deliver. (3) If the identification
creating his special property has been made by the buyer he acquires the right to recover
the goods only if they conform to the contract for sale. (Acts 1965,...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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7-2-716
Section 7-2-716 Buyer's right to specific performance or replevin. (1) Specific performance
may be decreed where the goods are unique or in other proper circumstances. (2) The decree
for specific performance may include such terms and conditions as to payment of the price,
damages, or other relief as the court may deem just. (3) The buyer has a right of replevin
for goods identified to the contract if after reasonable effort he is unable to effect cover
for such goods or the circumstances reasonably indicate that such effort will be unavailing
or if the goods have been shipped under reservation and satisfaction of the security interest
in them has been made or tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special property, even
if the seller had not then repudiated or failed to deliver. (Acts 1965, No. 549, p. 811; Act
2001-481, p. 647, ยง2.)...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
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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...
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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
45-5-242
Section 45-5-242 Levy of gasoline tax; use of proceeds. (a) The following words, when used
in this section shall have the meaning ascribed to them below, unless the context clearly
indicates a different meaning: (1) "Gasoline" means any type of gasoline, naptha,
or other liquid motor fuel, or any device or substitute therefor, commonly used in internal
combustion engines. (2) "Diesel fuel" means any type diesel oil, tractor fuel, gas
oil, distillate or liquefied gas, jet fuel, or any device or substitute therefor. (3) "Kerosene"
means the product known commercially as "kerosene oil." (b) In addition to all other
taxes and licenses, there is hereby levied upon every distributor, refiner, retail dealer,
or storer of gasoline, kerosene, or diesel fuel in Blount County, Alabama, an excise tax of
one cent ($.01) per gallon upon the selling, distributing, storing, or withdrawing from storage
in Blount County for any use, gasoline, kerosene, or diesel fuel as defined by this section;...
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