7-3-418
Section 7-3-418 Payment or acceptance by mistake. (a) Except as provided in subsection (c),
if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief
that (i) payment of the draft had not been stopped pursuant to Section 7-4-403 or (ii) the
signature of the drawer of the draft was authorized, the drawee may recover the amount of
the draft from the person to whom or for whose benefit payment was made or, in the case of
acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not
affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake
and the case is not covered by subsection (a), the person paying or accepting may, to the
extent permitted by the law governing mistake and restitution, (i) recover the payment from
the person to whom or for whose benefit payment was made or (ii) in the case of...
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8-1-195
Section 8-1-195 Remedies and defenses. (a) The remedies available for breach of an agreement
subject to this article are: (1) Such injunctive and other equitable relief as may be appropriate
with respect to any actual or threatened breach. (2) The actual damages suffered as a result
of the breach or lawful liquidated damages if provided in the contract. (3) Any remedies available
in contract law, including attorneys' fees or costs, if provided for in the contract or otherwise
provided for by law. (b) Nothing in this article shall limit the availability of any defense
otherwise available in law or equity. (Act 2015-465, §6.)...
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8-19A-23
Section 8-19A-23 Injured person's right of recovery; Deceptive Trade Practices Act. In addition
to any other penalties or remedies provided under law, a person who is injured by a violation
of this chapter may bring a civil action for recovery of actual damages and any damages that
would be available at common law or by statute, including actual costs, court costs, and attorney's
fees. No provision in this chapter shall be construed to limit any right or remedy provided
under law. Any violation of this chapter shall also be considered a violation of the Deceptive
Trade Practices Act, Section 8-19-1, et seq. (Acts 1994, No. 94-650, p. 1220, §23.)...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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7-4-402
Section 7-4-402 Bank's liability to customer for wrongful dishonor; time of determining insufficiency
of account. (a) Except as otherwise provided in this article, a payor bank wrongfully dishonors
an item if it dishonors an item that is properly payable, but a bank may dishonor an item
that would create an overdraft unless it has agreed to pay the overdraft. (b) A payor bank
is liable to its customer for damages proximately caused by the wrongful dishonor of an item.
Liability is limited to actual damages proved and may include damages for an arrest or prosecution
of the customer or other consequential damages. Whether any consequential damages are proximately
caused by the wrongful dishonor is a question of fact to be determined in each case. (c) A
payor bank's determination of the customer's account balance on which a decision to dishonor
for insufficiency of available funds is based may be made at any time between the time the
item is received by the payor bank and the time that...
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7-4A-305
Section 7-4A-305 Liability for late or improper execution or failure to execute payment order.
(a) If a funds transfer is completed but execution of a payment order by the receiving bank
in breach of Section 7-4A-302 results in delay in payment to the beneficiary, the bank is
obliged to pay interest to either the originator or the beneficiary of the funds transfer
for the period of delay caused by the improper execution. Except as provided in subsection
(c), additional damages are not recoverable. (b) If execution of a payment order by a receiving
bank in breach of Section 7-4A-302 results in (i) noncompletion of the funds transfer, (ii)
failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment
order that does not comply with the terms of the payment order of the originator, the bank
is liable to the originator for its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (a),...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
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45-26-141.11
Section 45-26-141.11 Delinquent accounts. In case of default in the payment of the fire protection
fee, the revenue commissioner and judge of probate shall provide a list of delinquent accounts
within a reasonable period of time after January 1 of each year the fire protection fee is
collected, separated by district, to the association, and it shall provide the list to each
district which may pursue all legal remedies as specified by law to recover the delinquent
accounts. (Act 95-393, p. 800, §12.)...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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40-23-3
Section 40-23-3 Exclusion of certain municipal privilege license taxes. Municipal privilege
license taxes which are levied and collected by the application of a flat percentage rate
of gross sales, or gross receipts from sales, and which are passed on directly by the licensee-seller
to the purchaser-consumer shall be excluded from gross sales, or gross receipts, as the case
may be, in the computation of the sales tax levied by this state, under the provisions of
this division. (Acts 1961, No. 652, p. 790; Acts 1962, Ex. Sess., No. 140, p. 181.)...
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