7-2-616
Section 7-2-616 Procedure on notice claiming excuse. (1) Where the buyer receives notification
of a material or indefinite delay or an allocation justified under Section 7-2-615, he may
by written notification to the seller as to any delivery concerned, and where the prospective
deficiency substantially impairs the value of the whole contract under the provisions of this
article relating to breach of installment contracts (Section 7-2-612), then also as to the
whole: (a) Terminate and thereby discharge any unexecuted portion of the contract; or (b)
Modify the contract by agreeing to take his available quota in substitution. (2) If after
receipt of such notification from the seller the buyer fails so to modify the contract within
a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries
affected. (3) The provisions of this section may not be negated by agreement except insofar
as the seller has assumed a greater obligation under Section 7-2-615. (Acts...
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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, §2.)...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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8-23-7
Section 8-23-7 Assignment of contract; notice. No right of action or defense arising out of
a contract for health studio services which the buyer has against the seller, and which would
be cut off by assignment, shall be cut off by assignment of the contract to any third party
whether or not he acquires the contract in good faith and for value unless the assignee gives
notice of the assignment to the buyer as provided in this section and within 30 days of the
mailing of notice receives no written notice of the facts giving rise to the claim or defense
of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address
shown on the contract and shall identify the contract and inform the buyer that he must, within
30 days of the date of mailing of the notice, notify the assignee in writing of any facts
giving rise to a claim or defense which he may have. The notice of assignment shall state
the name of the seller and buyer, a description of the services, the...
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34-27-56
Section 34-27-56 Acts constituting violation of article - Misrepresentation. It shall be a
violation of this article for any seller of vacation time-sharing plans, or his or her assignees,
to misrepresent in any manner the buyer's right to cancel provided by this article. (Acts
1983, No. 83-670, p. 1035, §7.)...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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34-27-55
Section 34-27-55 Acts constituting violation of article - Failure to refund all payments; failure
to place all funds in escrow account. It shall be a violation of this article for a seller
of vacation time-sharing plans to: (1) Fail to refund any and all payments made by the buyer
under the contract and return any negotiable instrument, other than checks, executed by the
buyer in connection with the contract or services within 20 days after receipt of notice of
cancellation made pursuant to Section 34-27-53, if the buyer has not received any benefits
pursuant to the contract. (2) If the buyer has received any benefits pursuant to the contract,
fail to refund within 30 days after receipt of notification of cancellation made pursuant
to Section 34-27-53 or Section 34-27-54 any and all payments made by the buyer to the seller
which exceed a pro rata portion of the total price, taking into consideration the cost of
use of the time-share facilities at an average rental rate per unit for all...
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7-2-510
Section 7-2-510 Effect of breach on risk of loss. (1) Where a tender or delivery of goods so
fails to conform to the contract as to give a right of rejection the risk of their loss remains
on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance
he may to the extent of any deficiency in his effective insurance coverage treat the risk
of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming
goods already identified to the contract for sale repudiates or is otherwise in breach before
risk of their loss has passed to him, the seller may to the extent of any deficiency in his
effective insurance coverage treat the risk of loss as resting on the buyer for a commercially
reasonable time. (Acts 1965, No. 549, p. 811.)...
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7-2-714
Section 7-2-714 Buyer's damages for breach 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...
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22-19-44
Section 22-19-44 Modes of executing gift. (a) A gift of all or part of the body under subsection
(a) of Section 22-19-42 may be made by will. The gift becomes effective upon the death of
the testator without waiting for probate. If the will is not probated, or if it is declared
invalid for testamentary purposes, the gift, to the extent that it has been acted upon in
good faith, is nevertheless valid and effective. (b) A gift of all or part of the body under
subsection (a) of Section 22-19-42 may also be made by document other than a will. The gift
becomes effective upon the death of the donor. The document, which may be a card designed
to be carried on the person, must be signed by the donor in the presence of two witnesses,
who must sign the document in his presence. If the donor cannot sign, the document may be
signed for him at his direction and in his presence and in the presence of two witnesses,
who must sign the document in his presence. Delivery of the document of gift during...
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