7-2-704
Section 7-2-704 Seller's right to identify goods to the contract notwithstanding breach or
to salvage unfinished goods. (1) An aggrieved seller under Section 7-2-703 may: (a) Identify
to the contract conforming goods not already identified if at the time he learned of the breach
they are in his possession or control; (b) Treat as the subject of resale goods which have
demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial
judgment for the purposes of avoiding loss and of effective realization either complete the
manufacture and wholly identify the goods to the contract or cease manufacture and resell
for scrap or salvage value or proceed in any other reasonable manner. (Acts 1965, No. 549,
p. 811.)...
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7-2-402
Section 7-2-402 Rights of seller's creditors against sold goods. (1) Except as provided in
subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods
which have been identified to a contract for sale are subject to the buyer's rights to recover
the goods under this article (Sections 7-2-502 and 7-2-716). (2) A creditor of the seller
may treat a sale or an identification of goods to a contract for sale as void if as against
him a retention of possession by the seller is fraudulent under any rule of law of the state
where the goods are situated, except that retention of possession in good faith and current
course of trade by a merchant-seller for a commercially reasonable time after a sale or identification
is not fraudulent. (3) Nothing in this article shall be deemed to impair the rights of creditors
of the seller: (a) Under the provisions of the article on secured transactions (Article 9);
or (b) Where identification to the contract or delivery is made...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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26-23E-13
Section 26-23E-13 Civil action for damages. Any person who can demonstrate personal injury,
including physical injury, emotional distress, or mental anguish, where such injury has resulted
from the failure of an abortion or reproductive health center to conform to the requirements
of this chapter, may maintain a civil action for damages against the abortion or reproductive
health center and against the administrator of the facility. (Act 2013-79, p. 165, §13.)...

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6-5-546
Section 6-5-546 Venue of actions; transfer. 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 action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
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6-6-51
Section 6-6-51 Against foreign corporations. Process of attachment may issue against foreign
corporations having property in this state for the recovery of debts or to recover damages
for a breach of contract when the damages are not certain or liquidated or, in cases where
the action sounds in damages merely, in the same manner and subject to the same rules as in
the case of natural persons residing without the state. (Code 1852, §2513; Code 1867, §2938;
Code 1876, §3263; Code 1886, §2940; Code 1896, §535; Code 1907, §2935; Code 1923, §6183;
Code 1940, T. 7, §856.)...
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7-2-509
Section 7-2-509 Risk of loss in the absence of breach. (1) Where the contract requires or authorizes
the seller to ship the goods by carrier: (a) If it does not require him to deliver them at
a particular destination, the risk of loss passes to the buyer when the goods are duly delivered
to the carrier even though the shipment is under reservation (Section 7-2-505); but (b) If
it does require him to deliver them at a particular destination and the goods are there duly
tendered while in the possession of the carrier, the risk of loss passes to the buyer when
the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the
goods are held by a bailee to be delivered without being moved, the risk of loss passes to
the buyer: (a) On his receipt of possession or control of a negotiable document of title covering
the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the
goods; or (c) After his receipt of possession or control of a...
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7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
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15-10-14
Section 15-10-14 Detention and arrest of person suspected of larceny of goods held for sale.
(a) A peace officer, a merchant or a merchant's employee who has probable cause for believing
that goods held for sale by the merchant have been unlawfully taken by a person and that he
can recover them by taking the person into custody may, for the purpose of attempting to effect
such recovery, take the person into custody and detain him in a reasonable manner for a reasonable
length of time. Such taking into custody and detention by a peace officer, merchant or merchant's
employee shall not render such police officer, merchant or merchant's employee criminally
or civilly liable for false arrest, false imprisonment or unlawful detention. (b) Any peace
officer may arrest without warrant any person he has probable cause for believing has committed
larceny in retail or wholesale establishments. (c) A merchant or a merchant's employee who
causes such arrest as provided for in subsection (a) of...
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7-2-510
Section 7-2-510 Effect of breach on risk of loss. (1) Where a tender or delivery of goods so
fails to conform to the contract as to give a right of rejection the risk of their loss remains
on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance
he may to the extent of any deficiency in his effective insurance coverage treat the risk
of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming
goods already identified to the contract for sale repudiates or is otherwise in breach before
risk of their loss has passed to him, the seller may to the extent of any deficiency in his
effective insurance coverage treat the risk of loss as resting on the buyer for a commercially
reasonable time. (Acts 1965, No. 549, p. 811.)...
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