7-2-717
Section 7-2-717 Deduction of damages from the price. The buyer on notifying the seller of his
intention to do so may deduct all or any part of the damages resulting from any breach of
the contract from any part of the price still due under the same contract. (Acts 1965, No.
549, p. 811.)...
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7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
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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...
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7-2A-530
Section 7-2A-530 Lessor's incidental damages. Incidental damages to an aggrieved lessor include
any commercially reasonable charges, expenses, or commissions incurred in stopping delivery,
in the transportation, care and custody of goods after the lessee's default, in connection
with return or disposition of the goods, or otherwise resulting from the default. (Acts 1992,
2nd Ex. Sess., No. 92-700, p. 92, §530.)...
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6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort,
against a health care provider for breach of the standard of care, whether resulting from
acts or omissions in providing health care, or the hiring, training, supervision, retention,
or termination of care givers, the Alabama Medical Liability Act shall govern the parameters
of discovery and all aspects of the action. The plaintiff shall include in the complaint filed
in the action a detailed specification and factual description of each act and omission alleged
by plaintiff to render the health care provider liable to plaintiff and shall include when
feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall
amend his complaint timely upon ascertainment of new or different acts or omissions upon which
his claim is based; provided, however, that any such amendment must be made at...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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7-2A-518
Section 7-2A-518 Cover; substitute goods. (1) After a default by a lessor under the lease contract
of the type described in Section 7-2A-508(1), or, if agreed, after other default by the lessor,
the lessee may cover by making any purchase or lease of or contract to purchase or lease goods
in substitution for those due from the lessor. (2) Except as otherwise provided with respect
to damages liquidated in the lease agreement (Section 7-2A-504) or otherwise determined pursuant
to agreement of the parties (Sections 7-1-302 and 7-2A-503), if a lessee's cover is by a lease
agreement substantially similar to the original lease agreement and the new lease agreement
is made in good faith and in a commercially reasonable manner, the lessee may recover from
the lessor as damages (i) the present value, as of the date of the commencement of the term
of the new lease agreement, of the rent under the new lease agreement applicable to that period
of the new lease term which is comparable to the then...
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7-2-210
Section 7-2-210 Delegation of performance; assignment of rights. (1) A party may perform his
duty through a delegate unless otherwise agreed or unless the other party has a substantial
interest in having his original promisor perform or control the acts required by the contract.
No delegation of performance relieves the party delegating of any duty to perform or any liability
for breach. (2) Except as otherwise provided in Section 7-9A-406, unless otherwise agreed,
all rights of either seller or buyer can be assigned except where the assignment would materially
change the duty of the other party, or increase materially the burden or risk imposed on him
by his contract, or impair materially his chance of obtaining return performance. A right
to damages for breach of the whole contract or a right arising out of the assignor's due performance
of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment,
perfection, or enforcement of a security...
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7-2-603
Section 7-2-603 Merchant buyer's duties as to rightfully rejected goods. (1) Subject to any
security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no
agent or place of business at the market of rejection a merchant buyer is under a duty after
rejection of goods in his possession or control to follow any reasonable instructions received
from the seller with respect to the goods and in the absence of such instructions to make
reasonable efforts to sell them for the seller's account if they are perishable or threaten
to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses
is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to
reimbursement from the seller or out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling commission then to such commission
as is usual in the trade or if there is none to a reasonable sum not...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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