41-9-65
Section 41-9-65 Limitation periods for presentation of claims. (a) Unless otherwise provided
in this section, all claims must be presented to the Board of Adjustment within one year after
the cause of action accrues. (b) Claims for injury to the person resulting in death must be
presented to the Board of Adjustment within two years after the cause of action accrues, unless
the same is first carried into the courts of the state, in which event the statute of limitations
shall not begin to run until the date on which a final judgment in the same, holding the claimant
not entitled to relief through the courts of the state, is entered. (c) In the matter of escheats
to the State of Alabama, any such claim must be filed with the Board of Adjustment within
10 years from the time of the escheat to the State of Alabama; except, that the claims of
minors may be considered by the Board of Adjustment if the claims are filed within three years
after the minor has reached the age of 19 years. (d)...
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6-2-8
Section 6-2-8 Suspension of limitation - Disabilities. (a) If anyone entitled to commence any
of the actions enumerated in this chapter, to make an entry on land or enter a defense founded
on the title to real property is, at the time the right accrues, below the age of 19 years,
or insane, he or she shall have three years, or the period allowed by law for the commencement
of an action if it be less than three years, after the termination of the disability to commence
an action, make entry, or defend. No disability shall extend the period of limitations so
as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years
from the time the claim or right accrued. Nothing in this section shall be interpreted as
denying any imprisoned person the right to commence an action enumerated in this chapter and
to make any proper appearances on his or her behalf in such actions. (b) If anyone entitled
to commence any of the actions enumerated in this chapter is, at...
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6-5-222
Section 6-5-222 Statute of limitations - Computation of period. Section 6-5-221 shall be subject
to all existing provisions of law relating to the computation of statutory periods of limitation
for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6,
6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30 and 6-2-39(b), as amended. Notwithstanding
any provisions of Section 6-2-8, no disability set forth in Section 6-2-8 shall extend the
period of limitations set forth in Section 6-5-221 so as to allow such action to be commenced
more than seven years after the cause of action accrues; provided further, that notwithstanding
any provisions of such sections, no relief can be granted for any cause of action which accrued,
and any right of action is barred which would have accrued, more than seven years after the
substantial completion of construction of such improvement. (Acts 1994, No. 94-138, p. 183,
§3; Act 2011-519, p. 830, §1.)...
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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...
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37-9-30
Section 37-9-30 Reparation for excessive charges. When complaint has been made to the commission
concerning any rate, fare or charge for any service performed by any air carrier, and the
commission has found, after investigation, that the air carrier has charged an unreasonable,
excessive or discriminatory amount for such service, in violation of any of the provisions
of this chapter, the commission may order that the air carrier make due reparation to the
complainer therefor, with reasonable interest from the date of collection, provided no discrimination
will result for such reparation. Such complaint shall be filed with the commission within
two years from the time the cause of action accrues and not after; provided, that if a claim
based on an overcharge has been presented to the air carrier within the two-year period of
limitation, said period shall be extended to include six months from the time notice in writing
is given by the air carrier to the claimant of disallowance of the...
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7-2-106
Section 7-2-106 Definitions: "Contract"; "agreement"; "contract for
sale"; "sale"; "present sale"; "conforming" to contract;
"termination"; "cancellation." (1) In this article unless the context
otherwise requires "contract" and "agreement" are limited to those relating
to the present or future sale of goods. "Contract for sale" includes both a present
sale of goods and a contract to sell goods at a future time. A "sale" consists in
the passing of title from the seller to the buyer for a price (Section 7-2-401). A "present
sale" means a sale which is accomplished by the making of the contract. (2) Goods or
conduct including any part of a performance are "conforming" or "conform to
the contract" when they are in accordance with the obligations under the contract. (3)
"Termination" occurs when either party pursuant to a power created by agreement
or law puts an end to the contract otherwise than for its breach. On "termination"
all obligations which are still executory on both sides are...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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41-10-552
Section 41-10-552 Publication of notice; time limitation on actions contesting proceedings,
validity of obligations, etc. Upon the adoption by the directors of any resolution providing
for the issuance of authority obligations, the authority may, in its discretion, cause to
be published once a week for two consecutive weeks, in newspapers published or having a general
circulation in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially
the following form (the blanks being properly filled in) at the end of which shall be printed
the name and title of either the president or the secretary of the authority: "Alabama
Incentives Financing Authority, a public corporation under the laws of the State of Alabama,
on the ___ day of _____, authorized the issuance of $ ______ principal amount of bonds (a
guaranty agreement securing $ _____ principal amount of bonds of ___) for purposes authorized
in Title 41, Chapter 10, Article 16, Division 1 of the Code...
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41-10-44.11
Section 41-10-44.11 Publication of notice; time limitation on actions questioning bonds or
proceedings. Upon the adoption by the board of directors of the authority of any resolution
providing for the issuance of project obligations, the authority may, in its discretion, cause
to be published once a week for two consecutive weeks, in newspapers published or having a
general circulation in the Cities of Birmingham, Montgomery, Huntsville and Mobile, a notice
in substantially the following form (the blanks being properly filled in) at the end of which
shall be printed the name and title of either the president or the secretary of the authority:
"The State Industrial Development Authority, a public corporation under the laws of the
State of Alabama, on the ______ day of ___, authorized the issuance of $___ principal amount
of bonds or other obligations of the said public corporation for purposes authorized in Title
41, Chapter 10, Article 2A. The proceeds from the sale of the said...
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7-3-417
Section 7-3-417 Presentment warranties. (a) If an unaccepted draft is presented to the drawee
for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining
payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft,
at the time of transfer, warrant to the drawee making payment or accepting the draft in good
faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft,
a person entitled to enforce the draft or authorized to obtain payment or acceptance of the
draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered;
and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty
equal to the amount paid by the drawee less the amount the drawee received or is entitled
to receive from the drawer because of the payment. In addition,...
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