15-23-14
Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral
source; funds recovered from collateral source held in trust for commission; disposition of
trust funds; notice of action to recover damages; restitution hearings. (a) If compensation
is awarded, the commission shall be subrogated to all the rights of a claimant to receive
or recover from a collateral source to the extent that compensation was awarded. (b) In the
event the claimant recovers compensation, other than under the provisions of this article,
for injuries or death resulting from criminally injurious conduct, the claimant shall retain,
as trustee for the commission, so much of the recovered funds as necessary to reimburse the
Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the
claimant from that fund. The funds retained in trust shall be promptly paid over to the commission
and deposited in the Alabama Crime Victims Compensation Fund....
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35-4-73
Section 35-4-73 Recitation of marital status of grantor or vendor required; probate judge not
liable for good faith error; false recitation a misdemeanor. (a) No deed, contract, or other
conveyance of land or any interest therein, whether legal or equitable, shall be accepted
for record by the probate judge unless it contains a recitation of the marital status of an
individual grantor or vendor; provided, that this section shall apply only to instruments
executed subsequent to July 21, 1972. (b) A probate judge shall not be liable in damages or
for a penalty for an error or mistake in the performance of his duties under this section
if committed in good faith. (c) Any person who knowingly makes a false recitation, as provided
in subsection (a) of this section, shall be guilty of a misdemeanor. (Acts 1971, 3rd Ex. Sess.,
No. 172, p. 4422.)...
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5-18-15
Section 5-18-15 Interest rates, charges, and fees. (a) Maximum rates of interest and charge.
Every licensee under this chapter may contract for and receive as interest on any loan of
money less than one thousand five hundred dollars ($1,500) an amount at a rate not exceeding
three percent a month on that part of the unpaid principal balance not in excess of two hundred
dollars ($200), and two percent a month on that part of the unpaid principal balance in excess
of two hundred dollars ($200) but less than one thousand five hundred dollars ($1,500). (b)
Account maintenance fee. In addition to the maximum rate of interest and charges pursuant
to subsection (a), a licensee may enter into a contract of loan under this chapter in which
the borrower agrees to pay an account maintenance fee of not more than three dollars ($3)
for each month of the scheduled period of repayment of the loan provided that the scheduled
monthly payments are equal to or greater than thirty dollars ($30). Such...
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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil 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
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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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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7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
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7-9A-321
Section 7-9A-321 Licensee of general intangible and lessee of goods in ordinary course of business.
(a) "Licensee in ordinary course of business." In this section, "licensee in
ordinary course of business" means a person that becomes a licensee of a general intangible
in good faith, without knowledge that the license violates the rights of another person in
the general intangible, and in the ordinary course from a person in the business of licensing
general intangibles of that kind. A person becomes a licensee in the ordinary course if the
license to the person comports with the usual or customary practices in the kind of business
in which the licensor is engaged or with the licensor's own usual or customary practices.
(b) Rights of licensee in ordinary course of business. A licensee in ordinary course of business
takes its rights under a nonexclusive license free of a security interest in the general intangible
created by the licensor, even if the security interest is perfected and...
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8-19-10
Section 8-19-10 Private right of action. (a) Any person who commits one or more of the acts
or practices declared unlawful under this chapter and thereby causes monetary damage to a
consumer, and any person who commits one or more of the acts or practices declared unlawful
in subdivisions (19) and (20) of Section 8-19-5 and thereby causes monetary damage to another
person, shall be liable to each consumer or other person for: (1) Any actual damages sustained
by such consumer or person, or the sum of $100, whichever is greater; or (2) Up to three times
any actual damages, in the court's discretion. In making its determination under this subsection,
the court shall consider, among other relevant factors, the amount of actual damages awarded,
the frequency of the unlawful acts or practices, the number of persons adversely affected
thereby, and the extent to which the unlawful acts or practices were committed intentionally;
and (3) In the case of any successful action or counterclaim to...
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8-21A-4
Section 8-21A-4 Termination, cancellation, or nonrenewal of dealer agreement; sales contract,
etc.; new or relocated dealership; sale or lease of new equipment. (a) Except as provided
in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement,
or other agreement by and between dealer and supplier except where grounds for termination
or nonrenewal of a dealer's agreement or a change in his or her competitive position are contained
in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a
dealer at least 90 days' written notice of the supplier's intent to terminate, cancel, or
not renew a dealer agreement or change the dealer's competitive circumstances. The notice
shall state all reasons relied upon by supplier to show good cause for the action and shall
provide the dealer with a reasonable time in which to correct any claimed deficiency with
a minimum of at least six months. Once mutually agreeable steps have been...
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11-54-23
Section 11-54-23 Requirements as to leasing of projects. (a) Prior to the leasing of any project,
the governing body must determine and find the following: (1) The amount necessary in each
year to pay the principal of and the interest on the bonds proposed to be issued to finance
such project; (2) The amount necessary to be paid each year into any reserve funds which the
governing body may deem it advisable to establish in connection with the retirement of the
proposed bonds and the maintenance of the project; and, (3) The estimated cost of maintaining
the project in good repair and keeping it properly insured, unless the terms under which the
project is leased provide that the lessee shall maintain the project and carry all proper
insurance with respect thereto. (b) The determinations and findings of the governing body
required to be made by subsection (a) of this section shall be set forth in the proceedings
under which the proposed bonds are to be issued; and, prior to the issuance...
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