|
7-2A-505
Section 7-2A-505 Cancellation and termination and effect of cancellation, termination, rescission,
or fraud on rights and remedies. (1) On cancellation of the lease contract, all obligations
that are still executory on both sides are discharged, but any right based on prior default
or performance survives, and the cancelling party also retains any remedy for default of the
whole lease contract or any unperformed balance. (2) On termination of the lease contract,
all obligations that are still executory on both sides are discharged but any right based
on prior default or performance survives. (3) Unless the contrary intention clearly appears,
expressions of "cancellation," "rescission," or the like of the lease
contract may not be construed as a renunciation or discharge of any claim in damages for an
antecedent default. (4) Rights and remedies for material misrepresentation or fraud include
all rights and remedies available under this article for default. (5) Neither rescission nor
a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-505.htm - 1K - Match Info - Similar pages
7-7-403
Section 7-7-403 Obligation of bailee to deliver; excuse. (a) A bailee shall deliver the goods
to a person entitled under a document of title if the person complies with subsections (b)
and (c), unless and to the extent that the bailee establishes any of the following: (1) Delivery
of the goods to a person whose receipt was rightful as against the claimant; (2) Damage to
or delay, loss, or destruction of the goods for which the bailee is not liable; (3) Previous
sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's
lawful termination of storage; (4) The exercise by a seller of its right to stop delivery
pursuant to Section 7-2-705 or by a lessor of its right to stop delivery pursuant to Section
7-2A-526; (5) A diversion, reconsignment, or other disposition pursuant to Section 7-7-303;
(6) Release, satisfaction, or any other personal defense against the claimant; or (7) Any
other lawful excuse. (b) A person claiming goods covered by a document of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-403.htm - 2K - Match Info - Similar pages
7-2A-201
Section 7-2A-201 Statute of frauds. (1) A lease contract is not enforceable by way of action
or defense unless: (a) the total payments to be made under the lease contract, excluding payments
for options to renew or buy, are less than $1,000; or (b) there is a writing, signed by the
party against whom enforcement is sought or by that party's authorized agent, sufficient to
indicate that a lease contract has been made between the parties and to describe the goods
leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient
and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies
what is described. (3) A writing is not insufficient because it omits or incorrectly states
a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond
the lease term and the quantity of goods shown in the writing. (4) A lease contract that does
not satisfy the requirements of subsection (1), but which is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-201.htm - 2K - Match Info - Similar pages
41-10-275
Section 41-10-275 Terms and conditions of leasing by authority. The authority, as lessor, and
the Unified Judicial System, as lessee (acting by and through the Chief Justice or his designee)
are hereby authorized to enter into a lease or leases for the use and occupancy of the judicial
facilities constructed by the authority under the provisions of this article by the Unified
Judicial System, including the Supreme Court, the Court of Criminal Appeals, the Court of
Civil Appeals, the State Law Library and the Administrative Office of Courts. Such lease or
leases may commence, at the discretion of the authority and the lessee, at such time as the
judicial facilities are completed and available for occupancy or at such time as the site
for such judicial facilities is made available for construction of the judicial facilities.
The responsibilities for control, management and maintenance of the judicial facilities shall
be, and any lease entered by the authority, as lessor, shall provide...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-275.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-509.htm - 1K - Match Info - Similar pages
7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-601.htm - 2K - Match Info - Similar pages
27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-5.htm - 5K - Match Info - Similar pages
27-29-1
Section 27-29-1 Definitions. For purposes of this chapter, unless otherwise stated, the following
terms shall have the meanings respectively ascribed to them by this section: (1) AFFILIATE.
The term shall include an affiliate of, or person affiliated with, a specific person, and
shall mean a person that directly, or indirectly through one or more intermediaries, controls,
or is controlled by, or is under common control with, the person specified. (2) COMMISSIONER.
The Commissioner of Insurance, his or her deputies, or the Insurance Department as appropriate.
(3) CONTROL. The term shall include controlling, controlled by, or under common control with
and shall mean the possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the ownership of voting securities,
by contract other than a commercial contract for goods or nonmanagement services, or otherwise,
unless the power is the result of an official...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-1.htm - 5K - Match Info - Similar pages
7-7-102
Section 7-7-102 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill
of lading, or other document of title acknowledges possession of goods and contracts to deliver
them. (2) A "carrier" means a person that issues a bill of lading. (3) "Consignee"
means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which
the goods have been received for shipment. (5) "Delivery order" means a record that
contains an order to deliver goods directed to a warehouse, carrier, or other person that
in the ordinary course of business issues warehouse receipts or bills of lading. (6) "Good
faith" means honesty in fact in the conduct or transaction concerned. (7) "Goods"
means all things that are treated as movable for the purposes of a contract for storage or
transportation. (8) "Issuer"...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-102.htm - 3K - Match Info - Similar pages
9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-40.htm - 9K - Match Info - Similar pages
|