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35-4-75
Section 35-4-75 Time for delivery of deed; when recorded contract presumed abandoned. (a) Where
any contract or extension thereof for the sale of any interest in land fails to state the
time within which, or the circumstances under which, a deed is to be delivered, the time for
the delivery of the deed shall be a reasonable time after the date on which the contract was
entered into, and in no case more than one year subsequent to such date. (b) Where any contract
for the sale of any interest in land or any extension of such contract has been recorded or
rerecorded and five years have elapsed since the time provided by the parties or by subsection
(a) of this section for the delivery of the deed, whichever period shall be the longer, and
no action has been brought for the specific performance of such contract or for the foreclosure
of the vendee's interest or for the enforcement of an equitable lien arising from the contract
and no lis pendens has been properly filed, a lienholder or a...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-10-197.htm - 5K - Match Info - Similar pages
6-5-702
Section 6-5-702 Compliance with contract documents. During the course of construction, a contractor
who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding
authority is not liable to a claimant for personal injury, property damage, or death arising
from the performance of such construction, maintenance, or repair, if, at the time of the
personal injury, property damage, or death, the contractor was in compliance with contract
documents material to the condition, including the traffic control plan, that was the proximate
cause of the personal injury, property damage, or death unless following the plans and specifications
would result in a dangerous condition that should have appeared to be defective to a reasonably
prudent contractor or that the contractor should have known that following the plans and specifications
could create a dangerous condition that caused the injury or death. (Act 2012-225, p. 414,
ยง3.)...
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7-7-302
Section 7-7-302 Through bills of lading and similar documents of title. (a) The issuer of a
through bill of lading, or other document of title embodying an undertaking to be performed
in part by a person acting as its agent or by a performing carrier, is liable to any person
entitled to recover on the bill or other document for any breach by the other person or the
performing carrier of its obligation under the bill or other document. However, to the extent
that the bill or other document covers an undertaking to be performed overseas or in territory
not contiguous to the continental United States or an undertaking including matters other
than transportation, this liability for breach by the other person or the performing carrier
may be varied by agreement of the parties. (b) If goods covered by a through bill of lading
or other document of title embodying an undertaking to be performed in part by a person other
than the issuer are received by that person, the person is subject, with...
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6-3-8
Section 6-3-8 Venue of actions - Breach of official bond. (a) At the election of the Attorney
General, all actions of summary proceedings by or for the use of the state founded on breach
of the official bond of a state officer or a former state officer, of a tax collector or former
tax collector, of a judge of probate or former judge of probate, of a tax assessor or former
tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced
in the circuit court of Montgomery County or in a court of the county in which any one of
the obligors in such bond may reside. (b) An action on the official bond executed by a sheriff
or any deputy sheriff may be commenced only in the county of residence of the principal or
in the county in which he resided at the time of the execution of the same; provided, that
if the act complained of was committed in some county other than the county in which he resided,
then such action may be commenced in the county where such act...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-4.htm - 4K - Match Info - Similar pages
6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach after
acceptance; notice of claim or litigation to person answerable over. (1) The buyer must pay
at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of such
a breach, he must so notify the seller within a reasonable time after he...
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7-2-708
Section 7-2-708 Seller's damages for nonacceptance or repudiation. (1) Subject to subsection
(2) and to the provisions of this article with respect to proof of market price (Section 7-2-723),
the measure of damages for nonacceptance or repudiation by the buyer is the difference between
the market price at the time and place for tender and the unpaid contract price together with
any incidental damages provided in this article (Section 7-2-710), but less expenses saved
in consequence of the buyer's breach. (2) If the measure of damages provided in subsection
(1) is inadequate to put the seller in as good a position as performance would have done then
the measure of damages is the profit (including reasonable overhead) which the seller would
have made from full performance by the buyer, together with any incidental damages provided
in this article (Section 7-2-710), due allowance for costs reasonably incurred and due credit
for payments or proceeds of resale. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-708.htm - 1K - Match Info - Similar pages
7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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