35-8A-311
Section 35-8A-311 Tort and contract liability. Neither the association, any association mortgagee,
nor any unit owner except the declarant is liable for that declarant's torts in connection
with any part of the condominium which that declarant has the responsibility to maintain.
Otherwise, an action alleging a wrong done by the association shall be brought against the
association and not against any unit owner. If the wrong occurred during any period of declarant
control and the association gives the declarant reasonable notice of and an opportunity to
defend against the action, the declarant who then controlled the association is liable to
the association or to any unit owner: (i) for all tort losses not covered by insurance suffered
by the association or that unit owner; and (ii) for all costs which the association would
not have incurred but for a breach of contract or other wrongful act or omission. Whenever
the declarant is liable to the association under this section, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-311.htm - 1K - Match Info - Similar pages

6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-430.htm - 1K - Match Info - Similar pages

6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort, against
a health care provider for breach of the standard of care, whether resulting from acts or
omissions in providing health care, or the hiring, training, supervision, retention, or termination
of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery
and all aspects of the action. The plaintiff shall include in the complaint filed in the action
a detailed specification and factual description of each act and omission alleged by plaintiff
to render the health care provider liable to plaintiff and shall include when feasible and
ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his
complaint timely upon ascertainment of new or different acts or omissions upon which his claim
is based; provided, however, that any such amendment must be made at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-551.htm - 1K - Match Info - Similar pages

7-2-722
Section 7-2-722 Who can sue third parties for injury to goods. Where a third party so deals
with goods which have been identified to a contract for sale as to cause actionable injury
to a party to that contract: (a) A right of action against the third party is in either party
to the contract for sale who has title to or a security interest or a special property or
an insurable interest in the goods; and if the goods have been destroyed or converted a right
of action is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other; (b) If at the time of the
injury the party plaintiff did not bear the risk of loss as against the other party to the
contract for sale and there is no arrangement between them for disposition of the recovery,
his suit or settlement is, subject to his own interest, as a fiduciary for the other party
to the contract; (c) Either party may with the consent of the other sue for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-722.htm - 1K - Match Info - Similar pages

7-2A-401
Section 7-2A-401 Insecurity: Adequate assurance of performance. (1) A lease contract imposes
an obligation on each party that the other's expectation of receiving due performance will
not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance
of either party, the insecure party may demand in writing adequate assurance of due performance.
Until the insecure party receives that assurance, if commercially reasonable the insecure
party may suspend any performance for which he or she has not already received the agreed
return. (3) A repudiation of the lease contract occurs if assurance of due performance adequate
under the circumstances of the particular case is not provided to the insecure party within
a reasonable time, not to exceed 30 days after receipt of the demand by the other party. (4)
Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance
offered must be determined according to commercial standards....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-401.htm - 1K - Match Info - Similar pages

7-2A-531
Section 7-2A-531 Standing to sue third parties for injury to goods. (1) If a third party so
deals with goods that have been identified to a lease contract as to cause actionable injury
to a party to the lease contract (a) the lessor has a right of action against the third party,
and (b) the lessee also has a right of action against the third party if the lessee: (i) has
a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears
the risk of loss under the lease contract or has since the injury assumed that risk as against
the lessor and the goods have been converted or destroyed. (2) If at the time of the injury
the party plaintiff did not bear the risk of loss as against the other party to the lease
contract and there is no arrangement between them for disposition of the recovery, his or
her suit or settlement, subject to his or her own interest, is as a fiduciary for the other
party to the lease contract. (3) Either party with the consent of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-531.htm - 1K - Match Info - Similar pages

8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-5-28.htm - 1K - Match Info - Similar pages

10A-2A-1.43
Section 10A-2A-1.43 Qualified director. (a) A "qualified director" is a director
who, at the time action is to be taken under: (1) Section 10A-2A-2.02(b)(6), is not a director
(i) to whom the limitation or elimination of the duty of an officer to offer potential business
opportunities to the corporation would apply, or (ii) who has a material relationship with
any other person to whom the limitation or elimination would apply; (2) Section 10A-2A-7.44,
does not have (i) a material interest in the outcome of the proceeding, or (ii) a material
relationship with a person who has such an interest; (3) Section 10A-2A-8.53 or Section 10A-2A-8.55,
(i) is not a party to the proceeding, (ii) is not a director as to whom a transaction is a
director's conflicting interest transaction or who sought a disclaimer of the corporation's
interest in a business opportunity under Section 10A-2A-8.60, which transaction or disclaimer
is challenged, and (iii) does not have a material relationship with a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2A-1.43.htm - 3K - Match Info - Similar pages

45-21A-10.11
Section 45-21A-10.11 Reimbursement of civil fine; civil action against person operating vehicle.
Any person against whom an adjudication of liability for a civil violation is made pursuant
to this article, or an ordinance passed pursuant hereto, and who actually pays the civil fine
imposed thereby shall have a cause of action against any person who may be shown to have been
operating the vehicle recorded at the time of the violation for the amount of the civil fine
actually paid plus any consequential or compensatory damages and a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
Provided, however, that as a condition precedent to the bringing of a civil action, that the
person held responsible for payment of the civil fine must first make written demand on the
other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60-day period...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.11.htm - 1K - Match Info - Similar pages

45-24A-32.13
Section 45-24A-32.13 Civil action for reimbursement. Any person against whom an adjudication
of liability for a civil violation is made under this part, or the ordinance passed pursuant
hereto, and who actually pays the civil penalty imposed thereby shall have a cause of action
against any person who may be shown to have been operating the vehicle recorded at the time
of the violation for the amount of the civil penalty actually paid plus any consequential
or compensatory damages and reasonable attorney fees, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of the civil penalty must first make written demand on the other person for reimbursement
of the civil penalty, giving a minimum of 60 days to remit payment, and if reimbursement is
fully made within the 60-day period then the cause of action shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.13.htm - 1K - Match Info - Similar pages