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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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7-2-311
Section 7-2-311 Options and cooperation respecting performance. (1) An agreement for sale which
is otherwise sufficiently definite (subsection (3) of Section 7-2-204) to be a contract is
not made invalid by the fact that it leaves particulars of performance to be specified by
one of the parties. Any such specification must be made in good faith and within limits set
by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment
of the goods are at the buyer's option and, except as otherwise provided in subsections (1)(c)
and (3) of Section 7-2-319, specifications or arrangements relating to shipment are at the
seller's option. (3) Where such specification would materially affect the other party's performance
but is not seasonably made or where one party's cooperation is necessary to the agreed performance
of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) Is excused for any resulting delay in his own...
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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings respectively ascribed to them by this section: (1) FINANCE CHARGE.
The sum of all charges, payable directly or indirectly by the person to whom credit is extended,
and imposed directly or indirectly by the creditor as an incident to the extension of credit.
The amount of the finance charge in connection with any credit transaction (i) shall be determined,
and shall include and exclude the fees and charges, as provided by Section 106 of the Federal
Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations of the Federal Reserve Board
promulgated pursuant to the Federal Truth-in-Lending Act, 12 C.F.R. Part 226, and the Official
Staff Commentary adopted by the Federal Reserve Board pursuant to that regulation, and without
limiting or affecting the foregoing subparagraph (i), (ii) shall exclude, without limitation,
late charges and other charges resulting from or...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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7-2-711
Section 7-2-711 Buyer's remedies in general; buyer's security interest in rejected goods. (1)
Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably
revokes acceptance, then with respect to any goods involved, and with respect to the whole
if the breach goes to the whole contract (Section 7-2-612), the buyer may cancel, and whether
or not he has done so may, in addition to recovering so much of the price as has been paid:
(a) "Cover" and have damages under Section 7-2-712 as to all the goods affected
whether or not they have been identified to the contract; or (b) Recover damages for nondelivery
as provided in this article (Section 7-2-713). (2) Where the seller fails to deliver or repudiates
the buyer may also: (a) If the goods have been identified recover them as provided in this
article (Section 7-2-502); or (b) In a proper case obtain specific performance or replevy
the goods as provided in this article (Section 7-2-716). (3) On...
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7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill
of lading, or other document of title acknowledges possession of goods and contracts to deliver
them. (2) A "carrier" means a person that issues a bill of lading. (3) "Consignee"
means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which
the goods have been received for shipment. (5) "Delivery order" means a record that
contains an order to deliver goods directed to a warehouse, carrier, or other person that
in the ordinary course of business issues warehouse receipts or bills of lading. (6) "Good
faith" means honesty in fact in the conduct or transaction concerned. (7) "Goods"
means all things that are treated as movable for the purposes of a contract for storage or
transportation. (8) "Issuer"...
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7-7-403
Section 7-7-403 Obligation of bailee to deliver; excuse. (a) A bailee shall deliver the goods
to a person entitled under a document of title if the person complies with subsections (b)
and (c), unless and to the extent that the bailee establishes any of the following: (1) Delivery
of the goods to a person whose receipt was rightful as against the claimant; (2) Damage to
or delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous
sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's
lawful termination of storage; (4) The exercise by a seller of its right to stop delivery
pursuant to Section 7-2-705 or by a lessor of its right to stop delivery pursuant to Section
7-2A-526; (5) A diversion, reconsignment, or other disposition pursuant to Section 7-7-303;
(6) Release, satisfaction, or any other personal defense against the claimant; or (7) Any
other lawful excuse. (b) A person claiming goods covered by a document of...
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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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7-2-322
Section 7-2-322 Delivery "ex-ship". (1) Unless otherwise agreed a term for delivery
of goods "ex-ship" (which means from the carrying vessel) or in equivalent language
is not restricted to a particular ship and requires delivery from a ship which has reached
a place at the named port of destination where goods of the kind are usually discharged. (2)
Under such a term unless otherwise agreed: (a) The seller must discharge all liens arising
out of the carriage and furnish the buyer with a direction which puts the carrier under a
duty to deliver the goods; and (b) The risk of loss does not pass to the buyer until the goods
leave the ship's tackle or are otherwise properly unloaded. (Acts 1965, No. 549, p. 811.)...
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