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8-12-16
Section 8-12-16 Liability to civil action for infringement. Subject to the provisions of Section
8-12-19, any person who shall: (1) Use, without the consent of the registrant, any reproduction,
counterfeit, copy, or colorable imitation of a mark registered under this article in connection
with a business, or with the sale, offering for sale, or advertising of any goods or services,
and such use is likely to cause confusion or mistake or to deceive as to the source of origin
of such goods or services or the sponsorship of such business; or (2) Reproduce, counterfeit,
copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements
intended to be used upon or in conjunction with the business or with the sale or other distribution
in this state of such goods or services; shall be liable to a civil action by the owner of
such registered mark for any or all of the...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
9-17-109
who regularly supplies such consumer with LP-gas of his or her intention to employ an individual
other than the LP-gas dealer to perform such installation, maintenance, repair, adjustment,
or service being performed. The consumer shall afford the LP-gas dealer with an opportunity
to first install, repair, maintain, adjust, or service the LP-gas appliance before resorting
to an individual other than his or her LP-gas dealer who regularly supplies LP-gas. (1) In
the event the consumer suffers injury, damage, or loss as a proximate consequence of
a negligent installation, repair, maintenance, adjustment, or service of any LP-gas appliance,
LP-gas system, or any component thereof, and such consumer has not first notified and afforded
the opportunity to install, repair, maintain, adjust, or service to the LP-gas dealer who
regularly supplies his or her system with LP-gas, no legal action shall be commenced against
such LP-gas dealer. (2) In the event the consumer suffers injury, damage, or...
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7-2-316
common understanding calls the buyer's attention to the exclusion of warranties and makes plain
that there is no implied warranty; and (b) When the buyer before entering into the contract
has examined the goods or the sample or model as fully as he desired or has refused to examine
the goods there is no implied warranty with regard to defects which an examination ought in
the circumstances to have revealed to him; and (c) An implied warranty can also be excluded
or modified by course of dealing or course of performance or usage of trade. (4) Remedies
for breach of warranty can be limited in accordance with the provisions of this article on
liquidation or limitation of damages and on contractual modification of remedy (Sections 7-2-718
and 7-2-719). (5) Nothing in subsection (2) or subsection (3) (a) or in Section 7-2-317 shall
be construed so as to limit or exclude the seller's liability for damages for injury
to the person in the case of consumer goods. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-316.htm - 2K - Match Info - Similar pages
7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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8-19A-13
Section 8-19A-13 Gifts, premiums, bonuses, or prizes; disclosures. If a commercial telephone
seller expressly or impliedly represents to any prospective purchaser, directly or through
a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus,
or prize, however denominated, the commercial telephone seller shall submit to the division
a statement setting forth, for each item mentioned: (1) A description of the item. (2) The
value or worth of the item and the basis for the valuation. (3) All terms and conditions a
purchaser is required to satisfy in order to receive the item. The statement shall be accompanied
by a copy of the written statement of terms and conditions provided to purchasers pursuant
to this chapter. (4) If they are ascertainable, the odds, for a given purchaser, of receiving
the item. (5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-9.htm - 4K - Match Info - Similar pages
7-4A-207
Section 7-4A-207 Misdescription of beneficiary. (a) Subject to subsection (b), if, in a payment
order received by the beneficiary's bank, the name, bank account number, or other identification
of the beneficiary refers to a nonexistent or unidentifiable person or account, no person
has rights as a beneficiary of the order and acceptance of the order cannot occur. (b) If
a payment order received by the beneficiary's bank identifies the beneficiary both by name
and by an identifying or bank account number and the name and number identify different persons,
the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's
bank does not know that the name and number refer to different persons, it may rely on the
number as the proper identification of the beneficiary of the order. The beneficiary's bank
need not determine whether the name and number refer to the same person. (2) If the beneficiary's
bank pays the person identified by name or knows that the...
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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is
casual and not in the usual course of the trade, business, profession, or occupation of the
employer; an employer who regularly employs less than five employees in any one business,
other than the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-50.htm - 9K - Match Info - Similar pages
41-15B-2
Section 41-15B-2 Children First Trust Fund. (a) There is established a special fund in the
State Treasury to be known as the Children First Trust Fund. (b) The existence of the fund
is contingent upon the receipt by the state of tobacco revenues. (c) The fund shall consist
of tobacco revenues and any appropriations or revenues received from any other source. The
amounts provided for in Section 41-15B-2.1 shall be deposited into the fund from tobacco revenues
with the remainder of the tobacco revenues being distributed as provided in Division 1, Article
17, Chapter 10 of this title. (d) The council shall keep detailed permanent records of all
expenditures and distributions from the fund and shall file a monthly written report of all
transactions, and any other information requested, with the permanent Joint Legislative Oversight
Committee of the Children First Trust Fund. (e) The council shall prepare an annual report
to the Governor and the Legislature detailing the expenditures and...
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