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2-19-22
Section 2-19-22 Implied warranty as to packing of cotton. When cotton in bales is sent by a
planter or other owner to a factor for sale, a warranty is implied on the part of such planter
or owner to the factor and the purchaser from such factor respectively that such cotton is
not fraudulently packed and, when cotton is sold by sample by the owner or his factor, that
the sample has been fairly drawn and that the cotton is not fraudulently packed, and no other
warranty is thereby implied. For any breach of such implied warranty, the purchaser may recover
damages, either from the owner or factor selling the same, but no civil action can be brought
for any breach of such last mentioned implied warranty unless the civil action is commenced
within one year after such sale. Planters shall not be liable in any way for losses sustained
by factors or commission merchants for having sold cotton by fraudulent or unfair samples,
unless such loss was occasioned by plating or fraudulent packing of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-19-22.htm - 1K - Match Info - Similar pages
32-7-2
The Director of Public Safety of the State of Alabama. (2) JUDGMENT. Any judgment which shall
have become final by expiration without appeal of the time within which an appeal might have
been perfected, or by final affirmation on appeal rendered by a court of competent jurisdiction
of any state or of the United States, upon a cause of action arising out of the ownership,
maintenance or use of any motor vehicle, for damages, including damages for care and loss
of services, because of bodily injury to or death of any person, or for damages because
of injury to or destruction of property, including the loss of use thereof, or upon
a cause of action on an agreement of settlement for those damages. (3) LICENSE. Any license,
temporary instruction permit, or temporary license issued under the laws of this state pertaining
to the licensing of persons to operate motor vehicles. (4) MOTOR VEHICLE. Every self-propelled
vehicle which is designed for use upon a highway, including trailers and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-2.htm - 3K - Match Info - Similar pages
32-7-6
Section 32-7-6 Security required; suspensions; applicability. (a) If 20 days after the receipt
of a report of a motor vehicle accident within this state which has resulted in bodily injury
or death, or damage to the property of any one person in excess of five hundred dollars ($500),
the director does not have on file evidence satisfactory that the person who would otherwise
be required to file security under subsection (b) of this section has been released from liability,
or has been finally adjudicated not to be liable, or has executed a duly acknowledged written
agreement or conditional release providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident, which agreement
or conditional release may include reasonable interest as set out in Section 32-7-7, the director
shall determine the amount of security which shall be sufficient in his or her judgment to
satisfy any judgment or judgments for damages...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-6.htm - 5K - Match Info - Similar pages
34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-106.htm - 1K - Match Info - Similar pages
7-4A-404
Section 7-4A-404 Obligation of beneficiary's bank to pay and give notice to beneficiary. (a)
Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), if a beneficiary's bank accepts
a payment order, the bank is obliged to pay the amount of the order to the beneficiary of
the order. Payment is due on the payment date of the order, but if acceptance occurs on the
payment date after the close of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary
and receipt of notice of particular circumstances that will give rise to consequential damages
as a result of nonpayment, the beneficiary may recover damages resulting from the refusal
to pay to the extent the bank had notice of the damages, unless the bank proves that it did
not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4A-404.htm - 2K - Match Info - Similar pages
7-7-309
Section 7-7-309 Duty of care; contractual limitation of carrier's liability. (a) A carrier
that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree
of care in relation to the goods which a reasonably careful person would exercise under similar
circumstances. This subsection does not affect any statute, regulation, or rule of law that
imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages
may be limited by a term in the bill of lading or in a transportation agreement that the carrier's
liability may not exceed a value stated in the bill or transportation agreement if the carrier's
rates are dependent upon value and the consignor is afforded an opportunity to declare a higher
value and the consignor is advised of the opportunity. However, such a limitation is not effective
with respect to the carrier's liability for conversion to its own use. (c) Reasonable provisions
as to the time and manner of presenting claims...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-309.htm - 1K - Match Info - Similar pages
8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21C-11.htm - 3K - Match Info - Similar pages
10A-5A-6.01
Section 10A-5A-6.01 Member's power to dissociate; wrongful dissociation. (a) A person has the
power to dissociate as a member. (b) A person's dissociation from a limited liability company
is wrongful only if: (1) it is in breach of an express provision of the limited liability
company agreement; (2) the person is expelled as a member by judicial determination under
Section 10A-5A-6.02(e); or (3) the person is dissociated by becoming a debtor in bankruptcy
or making a general assignment for the benefit of creditors. (c) A person that wrongfully
dissociates as a member is liable to the limited liability company and, subject to Section
10A-5A-9.01, to the other members for damages caused by the dissociation. The liability is
in addition to any other debt, obligation, or liability of the member to the limited liability
company or the other members. (Act 2014-144, p. 265, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-6.01.htm - 1K - Match Info - Similar pages
10A-9A-6.04
Section 10A-9A-6.04 Person's power to dissociate as general partner; wrongful dissociation.
(a) A person has the power to dissociate as a general partner at any time, rightfully or wrongfully,
by express will pursuant to Section 10A-9A-6.03(1). (b) A person's dissociation as a general
partner is wrongful only if: (1) it is in breach of an express provision of the limited partnership;
or (2) it occurs before the completion of the winding up of the limited partnership, and:
(A) the person dissociates as a general partner by express will; (B) the person is expelled
as a general partner by judicial order under Section 10A-9A-6.03(5); (C) the person is dissociated
as a general partner by becoming a debtor in bankruptcy; or (D) in the case of a person that
is not an individual, trust other than a business trust, or estate, the person is expelled
or otherwise dissociated as a general partner because it willfully dissolved or terminated.
(c) A person that wrongfully dissociates as a general...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-6.04.htm - 1K - Match Info - Similar pages
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