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7-2-715
Section 7-2-715 Buyer's incidental and consequential damages. (1) Incidental damages resulting
from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation
and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses
or commissions in connection with effecting cover and any other reasonable expense incident
to the delay or other breach. (2) Consequential damages resulting from the seller's breach
include: (a) Any loss resulting from general or particular requirements and needs of which
the seller at the time of contracting had reason to know and which could not reasonably be
prevented by cover or otherwise; and (b) Injury to person or property proximately resulting
from any breach of warranty. (Acts 1965, No. 549, p. 811.)...
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7-4-103
Section 7-4-103 Variation by agreement; measure of damages; action constituting ordinary care.
(a) The effect of the provisions of this article may be varied by agreement, but the parties
to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure
to exercise ordinary care or limit the measure of damages for the lack or failure. However,
the parties may determine by agreement the standards by which the bank's responsibility is
to be measured if those standards are not manifestly unreasonable. (b) Federal Reserve regulations
and operating circulars, clearing-house rules, and the like have the effect of agreements
under subsection (a), whether or not specifically assented to by all parties interested in
items handled. (c) Action or non-action approved by this article or pursuant to Federal Reserve
regulations or operating circulars is the exercise of ordinary care and, in the absence of
special instructions, action or non-action consistent with...
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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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9-1-6
Section 9-1-6 Declaration of public policy and legislative intent; measure of damages for the
unauthorized removal of coal; retroactive application of section. (a) The objective of this
section is to specify the measure of damages for the unauthorized removal of coal in Alabama.
It is declared that the extraction of coal provides a major present and future source of energy
and is an essential and necessary activity which contributes to the economic and material
well-being of the state. In the absence of a reasonable measure of damages as specified in
this section, confusion could result in the coal industry causing financial distress and unemployment,
and may cause the abandonment and prevent the use of many coal mines. This state has a public
interest in removing this hazard and precluding this confusion and distress without doing
violence to private rights. (b) The measure of damages in any civil action for the unauthorized
extraction, severance, injury or removal of coal from land,...
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7-2-603
Section 7-2-603 Merchant buyer's duties as to rightfully rejected goods. (1) Subject to any
security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no
agent or place of business at the market of rejection a merchant buyer is under a duty after
rejection of goods in his possession or control to follow any reasonable instructions received
from the seller with respect to the goods and in the absence of such instructions to make
reasonable efforts to sell them for the seller's account if they are perishable or threaten
to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses
is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling commission then to such commission
as is usual in the trade or if there is none to a reasonable sum not...
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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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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop
delivery of goods in the possession of a carrier or other bailee when he discovers the buyer
to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or
larger shipments of express or freight when the buyer repudiates or fails to make a payment
due before delivery or if for any other reason the seller has a right to withhold or reclaim
the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the
goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a
carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer
by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any negotiable
document of title covering the goods. (3)(a) To stop delivery the seller must so notify as
to enable the bailee by reasonable diligence to prevent delivery of...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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25-5-113
Section 25-5-113 Manner of compensation, etc., provided by article exclusive. No employee of
any employer subject to this article, nor the personal representative, surviving spouse, or
next of kin of any such employee shall have any right to any other method, form, or amount
of compensation or damages for the contraction of an occupational disease, as defined in this
article, or for injury, disability, loss of service, or death resulting from such disease,
arising out of and in the course of employment, or determination thereof, in any manner other
than as provided in this article. (Acts 1971, No. 668, p. 1379; Acts 1973, No. 1062, p. 1750,
§39.)...
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25-5-193
Section 25-5-193 Manner of compensation, etc., provided by article exclusive. No employee of
any employer subject to this article, nor the personal representative, surviving spouse, or
next of kin of any such employee shall have any right to any other method, form, or amount
of compensation or damages for occupational exposure to radiation, or for injury, disability,
loss of service, or death resulting from such exposure, arising out of and in the course of
employment, or determination thereof, in any manner other than as provided in this article.
(Acts 1967, No. 521, p. 1245; Acts 1973, No. 1062, p. 1750, §34.)...
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