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7-3-417
Section 7-3-417 Presentment warranties. (a) If an unaccepted draft is presented to the drawee
for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining
payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft,
at the time of transfer, warrant to the drawee making payment or accepting the draft in good
faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft,
a person entitled to enforce the draft or authorized to obtain payment or acceptance of the
draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered;
and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty
equal to the amount paid by the drawee less the amount the drawee received or is entitled
to receive from the drawer because of the payment. In addition,...
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7-4-208
Section 7-4-208 Presentment warranties. (a) If an unaccepted draft is presented to the drawee
for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining
payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft,
at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith
that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person
entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on
behalf of a person entitled to enforce the draft; (2) The draft has not been altered; and
(3) The warrantor has no knowledge that the signature of the purported drawer of the draft
is unauthorized. (b) A drawee making payment may recover from a warrantor damages for breach
of warranty equal to the amount paid by the drawee less the amount the drawee received or
is entitled to receive from the drawer because of the payment. In addition,...
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8-21B-13
Section 8-21B-13 Remedies. Notwithstanding the terms, provisions, or conditions of any dealer
agreement, any person who suffers bodily injury, loss of profit, or property damage
as a result of a violation of this chapter may bring a civil action in a court of competent
jurisdiction in this state to enjoin further violations and to recover the damages sustained
by him or her together with the costs of the suit, including a reasonable attorney's fee.
The remedies set forth in this section shall not be deemed exclusive and shall be in addition
to any other remedies permitted by law. (Act 2009-755, p. 2279, §13.)...
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32-7-23
Section 32-7-23 Uninsured motorist coverage; "uninsured motorist" defined; limitation
on recovery. (a) No automobile liability or motor vehicle liability policy insuring against
loss resulting from liability imposed by law for bodily injury or death suffered by
any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered
or issued for delivery in this state with respect to any motor vehicle registered or principally
garaged in this state unless coverage is provided therein or supplemental thereto, in limits
for bodily injury or death set forth in subsection (c) of Section 32-7-6, under provisions
approved by the Commissioner of Insurance for the protection of persons insured thereunder
who are legally entitled to recover damages from owners or operators of uninsured motor vehicles
because of bodily injury, sickness or disease, including death, resulting therefrom;
provided, that the named insured shall have the right to reject such coverage; and...
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35-4-434
Section 35-4-434 Disclosure. (a) Any contract for the sale of real property subject to a private
transfer fee obligation shall include a provision disclosing the existence of that obligation,
a description of the obligation, and a statement that private transfer fee obligations are
subject to certain prohibitions under this article. A contract for sale of real property which
does not conform to the requirements of this section is not enforceable by the seller against
the buyer, nor is the buyer liable to the seller for damages under such a contract, and the
buyer under the contract is entitled to the return of all deposits made in connection with
the sale of the real property. (b) Where a private transfer fee obligation is not disclosed
under subsection (a) and a buyer subsequently discovers the existence of the private transfer
fee obligation after title to the property has passed to the buyer, the buyer has the right
to recover both: (1) Any and all damages resulting from the failure...
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37-1-155
Section 37-1-155 Action on bond. Any person, firm, company or corporation, who shall sustain
any loss, injury or damage by reason of such injunction or restraining order, may bring
a civil action on the bond in the name of the State of Alabama for its use and recover such
damages as it may have sustained, including any overcharge or excess rate or charge paid by
it on account of the suspension of said rates, charges or orders. (Code 1907, §5704; Code
1923, §9696; Code 1940, T. 48, §99.)...
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11-30-1
for damages suffered as a result of a claim as defined under this chapter. b. Damage to or
loss of property owned or leased by a member county. (2) MEMBER COUNTY. A county which elects
to pool its resources and funds with one or more other counties for the purpose of forming
a liability self-insurance fund. (3) CLAIM. Any claim or suit filed against a member county
for money damages which any person or other entity is legally entitled to recover for damages
suffered as a result of bodily injury, death or property damage caused by a negligent
or wrongful act or omission committed by any employee, officer, or servant of the member county
while acting within the line and scope of his or her employment under circumstances where
the member county would be liable to the claimant for such damages under the laws of the State
of Alabama or any claim filed by a member county for damage to or loss of county property
covered by the liability self-insurance fund. (Acts 1986, No. 86-499, p. 954,...
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11-47-191
of actions, entry, and execution of judgments against municipalities and other persons or corporations
jointly liable. (a) The injured party, if he institutes a civil action against the municipality
for damages suffered by him, shall also join such other person or persons or corporation so
liable as defendant or defendants of the civil action, and no judgment shall be entered against
the city or town unless judgment is entered against such other person or corporation so liable
for such injury, except where a summons is returned not found as to a defendant or
when judgment is entered in his favor on some personal defense, and if a civil action
be brought against the city or town alone and it is made to appear that any person or corporation
ought to be joined as a defendant in the action according to the provisions in Section 11-47-190,
the action shall be dismissed, unless the plaintiff amends his complaint by making such party
or corporation a defendant, if a resident of the...
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6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property
damage occurs; and (2) Except as specifically provided in subsections (b), (c), and (e) of
this section, each element of a product liability action shall be deemed to accrue at the
time the personal injury, death, or property damage occurs; (b) Where the personal
injury, including personal injury resulting in death, or property damage
(i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence
at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some
toxic or harmful or injury-producing substance, element or particle, including radiation,
over a period of time as opposed...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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