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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.)...
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8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
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27-62-6
Section 27-62-6 Notification of cybersecurity event. (a) Each licensee shall notify the commissioner
as promptly as possible, but in no event later than three business days from a determination
that a cybersecurity event involving nonpublic information that is in the possession of a
licensee has occurred when either of the following criteria has been met: (1) This state is
the state of domicile of the licensee, in the case of an insurer, or this state is the home
state of the licensee, in the case of a producer, as those terms are defined in Section 27-7-1,
and the cybersecurity event has a reasonable likelihood of materially harming a consumer residing
in this state or reasonable likelihood of materially harming any material part of the normal
operation of the licensee. (2) The licensee reasonably believes that the nonpublic information
involves 250 or more consumers residing in this state and the cybersecurity event is either
of the following: a. A cybersecurity event impacting the...
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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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8-1A-8
Section 8-1A-8 Provision of information in writing; presentation of records. (a) Subject to
subsection (e), if parties have agreed to conduct a transaction by electronic means and a
law requires a person to provide, send, or deliver information in writing to another person,
the requirement is satisfied if the information is provided, sent, or delivered, as the case
may be, in an electronic record capable of retention by the recipient at the time of receipt.
An electronic record is not capable of retention by the recipient if the sender or its information
processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a certain
manner, to be sent, communicated, or transmitted by a specified method, or to contain information
that is formatted in a certain manner, the following rules apply: (1) The record shall be
posted or displayed in the manner specified in the other...
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26-14-7.2
Section 26-14-7.2 Child denied medical treatment due to parents' religious beliefs. (a) When
an investigation of child abuse or neglect by the Department of Human Resources determines
that a parent or legal guardian legitimately practicing his or her religious beliefs has not
provided specific medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or guardian for that reason alone. This exception shall not
preclude a court from ordering that medical services be provided to the child when the child's
health requires it. (b) The department may, in any case, pursue any legal remedies, including
the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary
to provide medical care or treatment for a child when the care or treatment is necessary to
prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated
treatments from infants with disabilities and with life-threatening...
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35-9A-423
Section 35-9A-423 Remedies for absence, nonuse, and abandonment. (a) If a rental agreement
requires the tenant to give notice to the landlord of an anticipated extended absence in excess
of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord
may recover actual damages from the tenant. (b) During any absence of a tenant in excess of
14 days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If a
tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at
a fair rental. But such duty shall not take priority over the landlord's right to first rent
other vacant units. If the landlord rents the dwelling unit for a term beginning before the
expiration of the rental agreement, it terminates as of the date of the new tenancy. If the
tenancy is from month-to-month or week-to-week, the term of the rental agreement for this
purpose is deemed to be a month or a week, as the case may be. (d) If a...
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41-9-68
Section 41-9-68 Determination of amount of injury or damage and entry of award for payment
of damages generally. (a) When claims are properly prepared and presented to the Board of
Adjustment and, after ascertaining the facts in the case, it is directed to determine the
amount of the injury, death or disability or other injury or damage arising from contract
or business and to fix the damages, using as its guide, when applicable, the ordinary rules
of negligence and worker's compensation laid down by the courts and the moral obligation of
the State of Alabama, and to award and find the person entitled to payment and the amount,
if any, which should be paid and any other facts necessary for a proper adjustment of claims.
The ordinary rules of negligence as to liability are to be followed in claims by parties not
employees of the State of Alabama or any of its agencies, commissions, boards, institutions
or departments. The rules of Chapter 5 of Title 25 as to liability are to be followed...
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6-11-21
Section 6-11-21 Punitive damages not to exceed certain limits. (a) Except as provided in subsections
(b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have
been established under applicable laws, no award of punitive damages shall exceed three times
the compensatory damages of the party claiming punitive damages or five hundred thousand dollars
($500,000), whichever is greater. (b) Except as provided in subsections (d) and (j), in all
civil actions where entitlement to punitive damages shall have been established under applicable
law against a defendant who is a small business, no award of punitive damages shall exceed
fifty thousand dollars ($50,000) or 10 percent of the business' net worth, whichever is greater.
(c) "Small business" for purposes of this section means a business having a net
worth of two million dollars ($2,000,000) or less at the time of the occurrence made the basis
of the suit. (d) Except as provided in subsection (j), in all...
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7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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