Code of Alabama

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7-7-203
Section 7-7-203 Liability for nonreceipt or misdescription. A party to or purchaser for value
in good faith of a document of title, other than a bill of lading, that relies upon the description
of the goods in the document may recover from the issuer damages caused by the nonreceipt
or misdescription of the goods, except to the extent that: (1) The document conspicuously
indicates that the issuer does not know whether all or part of the goods in fact were received
or conform to the description, such as a case in which the description is in terms of marks
or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents,
condition, and quality unknown," "said to contain," or words of similar import,
if the indication is true; or (2) The party or purchaser otherwise has notice of the nonreceipt
or misdescription. (Prior version of this section added by Acts 1965, No. 549, p. 811; repealed
by Act 2004-315, p. 464, ยง1; current section added by Act...
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7-7-301
Section 7-7-301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's
weight, load, and count"; improper handling. (a) A consignee of a nonnegotiable bill
of lading which has given value in good faith, or a holder to which a negotiable bill has
been duly negotiated, relying upon the description of the goods in the bill or upon the date
shown in the bill, may recover from the issuer damages caused by the misdating of the bill
or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates
that the issuer does not know whether any part or all of the goods in fact were received or
conform to the description, such as in a case in which the description is in terms of marks
or labels or kind, quantity, or condition or the receipt or description is qualified by "contents
or condition of contents of packages unknown," "said to contain," "shipper's
weight, load, and count," or words of similar import, if that indication is true. (b)
If goods...
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32-8-87
or any other person pays or makes other monetary settlement to a person when a vehicle is damaged
and the damage to the vehicle is greater than or equal to 75 percent of the fair retail value
of the vehicle prior to damage as set forth in a current edition of a nationally recognized
compilation of retail values, including automated data bases. The compensation for total loss
as defined in this subsection shall not include payments by an insurer or other person for
medical care, bodily injury, vehicle rental, or for anything other than the amount
paid for the actual damage to the motor vehicle. A vehicle that has sustained minor damage
as a result of theft or vandalism shall not be considered a total loss. Any person acquiring
ownership of a damaged motor vehicle that meets the definition of total loss for which a salvage
title has not been issued shall apply for a salvage title, other than a scrap metal processor
acquiring such vehicle for purposes of recycling into metallic...
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33-12-5
grants or other assistance from federal, state and local governments or from agencies of such
governments and by issuing in its own name revenue bonds pledging a portion of the revenues
from such facilities. f. Arrange with any city, county, municipality or supplier of utilities
for the abandonment, relocation or other adjustment of roads, highways, bridges and utility
lines. (3) LAND ACQUISITION. The agency may acquire by purchase, lease, gift or condemnation
property of any kind, real, personal or mixed, or any interest therein, that the board
deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to land, rights in land, including leaseholds and easements,
and water rights in the Alabama portion of the Elk River Watershed that the board determines
to be necessary to the control and optimum development of the Elk River. The amount and character
of the interests in land, rights in land and water rights...
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22-8A-4
The acceptance shall be evidenced in writing and attached to the proxy designation. The proxy
designation may be a separate document or part of a living will. (1) The designation of an
attorney-in-fact, made pursuant to Section 26-1-2, as amended from time to time, who is specifically
authorized to make decisions regarding the providing, withholding, or withdrawing of life-sustaining
treatment or artificially provided nutrition and hydration in instances involving terminal
illness or injury and permanent unconsciousness, constitutes for purposes of this chapter
a proxy designating another individual to act for the declarant pursuant to this subsection,
provided, however, that the authority granted to an attorney-in-fact to make such decisions
shall be the same as the authority granted in this chapter to a health care proxy. The appointment
shall be limited to the specific directions enumerated in the appointment. (2) Any powers
granted to a health care proxy in an advance...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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5-5A-44
has approved the acquiring party's acquisition plan. All persons with whom the acquiring party
acts directly, indirectly, through, or in concert with to acquire control shall be identified
in the application and shall provide all information required by the superintendent. The acquiring
party shall file its application with the superintendent, and the application shall, except
to the extent expressly waived by the superintendent, contain the following information: (1)
The identity, personal history, business background, and experience of each person
by whom or on whose behalf the acquisition is to be made, including his or her material business
activities and affiliations during the past five years, and a description of any material
pending legal or administrative proceedings in which he or she is a party and any criminal
indictment or conviction of such person by a state or federal court. (2) A statement of the
assets and liabilities of each person by whom or on whose behalf...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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32-6-49.3
Section 32-6-49.3 Definitions. Notwithstanding any other provision of this article, the following
definitions shall be applicable unless the context clearly indicates otherwise: (1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar
products), of any name or description containing one-half of one percentum or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or c. Any substance
containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol,
and isopropanol. (2) ALCOHOL CONCENTRATION. a. The number of grams of alcohol per 100 milliliters
of blood; or b. The number of grams of alcohol per 210 liters of breath; or c. The number
of grams of alcohol per 67 milliliters of urine. (3) COMMERCIAL DRIVER LICENSE. (CDL) means
a license issued in accordance with the requirements of this...
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27-5A-2
Section 27-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTUARY. A person
who is a member in good standing of the American Academy of Actuaries. (2) COMMISSIONER. The
Alabama Commissioner of Insurance. (3) CONTROLLING PERSON. Any person, firm, association,
or corporation who directly or indirectly has the power to direct or cause to be directed,
the management, control, or activities of the reinsurance intermediary. (4) INSURER. Any person,
firm, association, or corporation duly licensed in this state pursuant to the applicable provisions
of the insurance law as an insurer. (5) LICENSED PRODUCER. An insurance producer or reinsurance
intermediary licensed pursuant to the applicable provision of the insurance law. (6) QUALIFIED
U.S. FINANCIAL INSTITUTION. An institution that: a. Is organized or, in the case of a U.S.
office of a foreign banking organization, licensed,...
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