7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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27-19-3
Section 27-19-3 Mandatory policy provisions - Generally. (a) Except as provided in subsection
(b) of this section, each such policy delivered, or issued for delivery, to any person in
this state shall contain the provisions specified in Sections 27-19-4 through 27-19-15, in
the words in which the same appear; except, that the insurer may, at its option, substitute
for one or more of such provisions corresponding provisions of different wording approved
by the commissioner which are in each instance not less favorable in any respect to the insured
or the beneficiary. Each such provision shall be preceded individually by the applicable caption
shown or, at the option of the insurer, by such appropriate individual or group captions or
subcaptions as the commissioner may approve. (b) If any such provision is, in whole or in
part, inapplicable to, or inconsistent with, the coverage provided by a particular form of
policy, the insurer, with the approval of the commissioner, shall omit from...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes
the seller to ship the goods by carrier: (a) If it does not require him to deliver them at
a particular destination, the risk of loss passes to the buyer when the goods are duly delivered
to the carrier even though the shipment is under reservation (Section 7-2-505); but (b) If
it does require him to deliver them at a particular destination and the goods are there duly
tendered while in the possession of the carrier, the risk of loss passes to the buyer when
the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the
goods are held by a bailee to be delivered without being moved, the risk of loss passes to
the buyer: (a) On his receipt of possession or control of a negotiable document of title covering
the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the
goods; or (c) After his receipt of possession or control of a...
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7-2-513
Section 7-2-513 Buyer's right to inspection of goods. (1) Unless otherwise agreed and subject
to subsection (3), where goods are tendered or delivered or identified to the contract for
sale, the buyer has a right before payment or acceptance to inspect them at any reasonable
place and time and in any reasonable manner. When the seller is required or authorized to
send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection
must be borne by the buyer but may be recovered from the seller if the goods do not conform
and are rejected. (3) Unless otherwise agreed and subject to the provisions of this article
on C.I.F. contracts (subsection (3) of Section 7-2-321), the buyer is not entitled to inspect
the goods before payment of the price when the contract provides: (a) For delivery "C.O.D."
or on other like terms; or (b) For payment against documents of title, except where such payment
is due only after the goods are to become available for inspection....
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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.)...
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7-2A-521
Section 7-2A-521 Lessee's right to specific performance or replevin. (1) Specific performance
may be decreed if the goods are unique or in other proper circumstances. (2) A decree for
specific performance may include any terms and conditions as to payment of the rent, damages,
or other relief that the court deems just. (3) A lessee has a right of replevin, detinue,
sequestration, claim and delivery, or the like for goods identified to the lease contract
if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances
reasonably indicate that the effort will be unavailing. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §521.)...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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24-1-113
Section 24-1-113 Agreements to secure federal contributions and loans. In any contract or amendatory
or superseding contract for a loan and annual contributions heretofore or hereafter entered
into between a housing authority and the federal government with respect to any housing project
undertaken by said housing authority, any such housing authority is authorized to make such
covenants, including covenants with holders of obligations of said authority issued for purposes
of the project involved, and to confer upon the federal government such rights and remedies
as said housing authority deems necessary to assure the fulfillment of the purposes for which
the housing project was undertaken. In any such contract, the housing authority may, notwithstanding
any other provisions of law, agree to sell and convey the project, including all lands appertaining
thereto, to which such contract relates to the federal government upon the occurrence of such
conditions or upon such defaults on...
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37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two or more
connecting lines of transportation companies, both or all of which are engaged in the business
of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
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41-16-27
Section 41-16-27 Manner of awarding contracts; records; exemptions. (a) When purchases are
required to be made through competitive bidding, award shall, except as provided in subsection
(f), be made to the lowest responsible bidder taking into consideration the qualities of the
commodities proposed to be supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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