Code of Alabama

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45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
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45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that
violation. A wholesaler that violates this part shall be liable for all actual damages and
all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier
as a result of that violation. (c) This part imposes upon a supplier...
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6-11-1
Section 6-11-1 Damages assessed by factfinder to be itemized; future damages not to be reduced
to present value. In any civil action based upon tort and any action for personal injury
based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391
and 6-5-410, the damages assessed by the factfinder shall be itemized as follows: (1) Past
damages. (2) Future damages. (3) Punitive damages. The factfinder shall not reduce any future
damages to present value. Where the court determines that any one or more of the above categories
is not recoverable in the action, those categories shall be omitted from the itemization.
(Acts 1987, No. 87-183, p. 245, §1.)...
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6-5-213
Section 6-5-213 Bare possession. The bare possession of land authorizes the possessor to recover
damages from any person who wrongfully, in any manner, interferes with such possession. (Code
1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)...
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6-5-282
Section 6-5-282 Breach of contract - Ratable compensation for services. When a person contracts
for the performance of services by himself for a stipulated period of time and is prevented
from full performance of the contract by sickness or death, he or his personal representative,
as the case may be, may recover a ratable compensation for the service actually rendered,
notwithstanding the entirety of the contract. (Code 1852, §2159; Code 1867, §2557; Code
1876, §2922; Code 1886, §2599; Code 1896, §33; Code 1907, §2493; Code 1923, §5705; Code
1940, T. 7, §132.)...
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6-5-549
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of
evidence abolished; instruction to jury. In any action for injury or damages or wrongful
death, whether in contract or in tort, against a health care provider based on a breach of
the standard of care, the minimum standard of proof required to test the sufficiency of the
evidence to support any issue of fact shall be proof by substantial evidence. In all such
actions, whether arising in tort or in contract, the scintilla rule of evidence is abolished.
In all pleadings or motions filed in such actions testing the sufficiency of the evidence
to support an issue of fact, including, but not limited to, motions for summary judgment,
motions for directed verdict, motions for judgment notwithstanding the verdict, and any other
such motions or pleadings respecting the sufficiency of the evidence, the standard of proof
required shall be proof by substantial evidence. In the case of a jury trial, the jury...

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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of
goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325. "Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4). "Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325. "Conforming to contract." Section
7-2-106. "Contract for sale." Section 7-2-106. "Cover." Section 7-2-712.
"Entrusting." Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-7-203
Section 7-7-203 Liability for nonreceipt or misdescription. A party to or purchaser for value
in good faith of a document of title, other than a bill of lading, that relies upon the description
of the goods in the document may recover from the issuer damages caused by the nonreceipt
or misdescription of the goods, except to the extent that: (1) The document conspicuously
indicates that the issuer does not know whether all or part of the goods in fact were received
or conform to the description, such as a case in which the description is in terms of marks
or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents,
condition, and quality unknown," "said to contain," or words of similar import,
if the indication is true; or (2) The party or purchaser otherwise has notice of the nonreceipt
or misdescription. (Prior version of this section added by Acts 1965, No. 549, p. 811; repealed
by Act 2004-315, p. 464, §1; current section added by Act...
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7-7-403
delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous sale
or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful
termination of storage; (4) The exercise by a seller of its right to stop delivery pursuant
to Section 7-2-705 or by a lessor of its right to stop delivery pursuant to Section 7-2A-526;
(5) A diversion, reconsignment, or other disposition pursuant to Section 7-7-303; (6) Release,
satisfaction, or any other personal defense against the claimant; or (7) Any other
lawful excuse. (b) A person claiming goods covered by a document of title shall satisfy the
bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering
the goods until the charges are paid. (c) Unless a person claiming the goods is a person against
which the document of title does not confer a right under Section 7-7-503(a): (1) The person
claiming under a document shall surrender possession or control of any...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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