|
7-2A-519
Section 7-2A-519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty
in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated
in the lease agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of
the parties (Sections 7-1-302 and 7-2A-503), if a lessee elects not to cover or a lessee elects
to cover and the cover is by lease agreement that for any reason does not qualify for treatment
under Section 7-2A-518(2), or is by purchase or otherwise, the measure of damages for nondelivery
or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is
the present value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages, less expenses
saved in consequence of the lessor's default. (2) Market...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-519.htm - 2K - Match Info - Similar pages
7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-703.htm - 1K - 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
7-2-603
Section 7-2-603 Merchant buyer's duties as to rightfully rejected goods. (1) Subject to any
security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no
agent or place of business at the market of rejection a merchant buyer is under a duty after
rejection of goods in his possession or control to follow any reasonable instructions received
from the seller with respect to the goods and in the absence of such instructions to make
reasonable efforts to sell them for the seller's account if they are perishable or threaten
to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses
is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling commission then to such commission
as is usual in the trade or if there is none to a reasonable sum not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-603.htm - 1K - Match Info - Similar pages
7-3-416
Section 7-3-416 Transfer warranties. (a) A person who transfers an instrument for consideration
warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee
that: (1) The warrantor is a person entitled to enforce the instrument; (2) All signatures
on the instrument are authentic and authorized; (3) The instrument has not been altered; (4)
The instrument is not subject to a defense or claim in recoupment of any party which can be
asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the
drawer. (b) A person to whom the warranties under subsection (a) are made and who took the
instrument in good faith may recover from the warrantor as damages for breach of warranty
an amount equal to the loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-416.htm - 1K - Match Info - Similar pages
7-2-702
Section 7-2-702 Seller's remedies on discovery of buyer's insolvency. (1) Where the seller
discovers the buyer to be insolvent he may refuse delivery except for cash, including payment
for all goods theretofore delivered under the contract, and stop delivery under this article
(Section 7-2-705). (2) Where the seller discovers that the buyer has received goods on credit
while insolvent he may reclaim the goods upon demand made within 10 days after the receipt,
but if misrepresentation of solvency has been made to the particular seller in writing within
three months before delivery the 10-day limitation does not apply. Except as provided in this
subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent
misrepresentation of solvency or of intent to pay. (3) The seller's right to reclaim under
subsection (2) is subject to the rights of a buyer in ordinary course or other good faith
purchaser or lien creditor under this article (Section 7-2-403)....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-702.htm - 1K - Match Info - Similar pages
8-23-3
Section 8-23-3 Registration of health studio sales persons; resident agent; security bond.
(a) Each person who sells health studio services in this state shall register with the Attorney
General's Consumer Protection Division on forms the division provides. The person shall furnish
the full name and address of each business location where health studio services are sold
as well as any other registration information the division deems appropriate. (b) There shall
be one registered agent representing each seller of health studio services in the county where
a studio is located and shall serve as a resident agent for receipt of service of process.
(c) The division may bring an action for mandamus against a health studio to require the club
to register or to have and maintain the surety required by this section. (d) Every health
studio which sells contracts for health studio services to be rendered at a planned health
studio or a health studio under construction shall purchase a security...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-23-3.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-434.htm - 2K - Match Info - Similar pages
5-19-9
Section 5-19-9 Application of payments when buyer indebted to same seller for two or more consumer
credit sales. When the buyer is indebted to a particular seller for two or more consumer credit
sales of goods and the goods which were the subject of two or more sales secure the buyer's
total debt to the seller, the security shall be discharged by applying the buyer's payments
as they are received by the seller or the seller's assignee to the portions of the debt in
the order in which they were incurred. To the extent that debts are paid according to the
preceding sentence, security interests in items of property terminate as the debt originally
incurred with respect to each item is paid. Payments received by the seller upon a revolving
charge account are deemed, for the purpose of determining the amount of the debt secured by
the various security interests, to have been applied first to the payment of finance charges
in the order of their entry to the account and then to the payment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-9.htm - 1K - Match Info - Similar pages
35-9A-401
Section 35-9A-401 Noncompliance by the landlord. (a) Except as provided in this chapter, if
there is a material noncompliance by the landlord with the rental agreement or a noncompliance
with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the breach and that
the rental agreement will terminate upon a date not less than 14 days after receipt of the
notice if the breach is not remedied within that period, and the rental agreement shall terminate
as provided in the notice subject to the following: (1) if the breach is remediable by repairs
or the payment of damages or otherwise and the landlord adequately remedies the breach before
the date specified in the notice, the rental agreement shall not terminate by reason of the
breach. (2) the tenant may not terminate for a condition caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-401.htm - 1K - Match Info - Similar pages
|