|
7-2-323
Section 7-2-323 Form of bill of lading required in overseas shipment; "overseas."
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. &
F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading
stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &
F., received for shipment. (2) Where in a case within subsection (1) a tangible bill of lading
has been issued in a set of parts, unless otherwise agreed if the documents are not to be
sent from abroad the buyer may demand tender of the full set; otherwise only one part of the
bill of lading need be tendered. Even if the agreement expressly requires a full set: (a)
Due tender of a single part is acceptable within the provisions of this article on cure of
improper delivery (subsection (1) of Section 7-2-508); and (b) Even though the full set is
demanded, if the documents are sent from abroad the person tendering an incomplete set may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-323.htm - 1K - Match Info - Similar pages
7-7-303
Section 7-7-303 Diversion; reconsignment; change of instructions. (a) Unless the bill of lading
otherwise provides, a carrier may deliver the goods to a person or destination other than
that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery,
on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable
bill, even if the consignee has given contrary instructions; (3) The consignee on a nonnegotiable
bill in the absence of contrary instructions from the consignor, if the goods have arrived
at the billed destination or if the consignee is in possession of the tangible bill or in
control of the electronic bill; or (4) The consignee on a nonnegotiable bill, if the consignee
is entitled as against the consignor to dispose of the goods. (b) Unless instructions described
in subsection (a) are included in a negotiable bill of lading, a person to which the bill
is duly negotiated may hold the bailee according to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-303.htm - 1K - Match Info - Similar pages
7-7-304
Section 7-7-304 Tangible bills of lading in a set. (a) Except as customary in international
transportation, a tangible bill of lading may not be issued in a set of parts. The issuer
is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading
is lawfully issued in a set of parts, each of which contains an identification code and is
expressed to be valid only if the goods have not been delivered against any other part, the
whole of the parts constitutes one bill. (c) If a tangible negotiable bill of lading is lawfully
issued in a set of parts and different parts are negotiated to different persons, the title
of the holder to which the first due negotiation is made prevails as to both the document
of title and the goods even if any later holder may have received the goods from the carrier
in good faith and discharged the carrier's obligation by surrendering its part. (d) A person
that negotiates or transfers a single part of a tangible bill of lading...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-304.htm - 1K - Match Info - Similar pages
35-9A-205
Section 35-9A-205 Limitation of liability. (a) Unless otherwise agreed, a landlord who conveys
premises that include a dwelling unit subject to a rental agreement in a good faith sale to
a bona fide purchaser is relieved of liability under the rental agreement and this chapter
as to events occurring after written notice to the tenant of the conveyance. However, the
landlord remains liable to the tenant for all security recoverable by the tenant under Section
35-9A-201 and all prepaid rent. (b) Unless otherwise agreed, a manager of premises that include
a dwelling unit is relieved of liability under the rental agreement and this chapter as to
events occurring after written notice to the tenant of the termination of management by the
manager. (Act 2006-316, p. 668, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-205.htm - 1K - Match Info - Similar pages
6-5-332.6
Section 6-5-332.6 Persons who provide transportation to health care facility or health care
provider under certain circumstances. (a) A person who, in good faith, and not for compensation,
provides an individual transportation to a health care facility or health care provider is
not subject to civil liability for negligence claimed by the individual receiving the transportation,
if the provider could not have reasonably anticipated the particular harm caused by the negligent
act while acting in the line and scope of a volunteer in providing transportation, or the
act or omission was not the result of the provider's willful or wanton misconduct. The immunity
provided in this subsection includes transportation from an individual's residence. (b) Acceptance
by the transportation provider of a gratuitous contribution or donation made by the individual
receiving transportation services does not constitute a waiver of immunity under this section.
(Act 2019-450, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-332.6.htm - 1K - Match Info - Similar pages
6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property damage occurs;
and (2) Except as specifically provided in subsections (b), (c), and (e) of this section,
each element of a product liability action shall be deemed to accrue at the time the personal
injury, death, or property damage occurs; (b) Where the personal injury, including personal
injury resulting in death, or property damage (i) either is latent or by its nature is not
discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii)
is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance,
element or particle, including radiation, over a period of time as opposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-502.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
28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-8.htm - 4K - Match Info - Similar pages
37-2-25
Section 37-2-25 Bills of lading or receipts - Unauthorized sale or transfer of property prohibited.
A transportation company or other person engaged in the business of carriage or of keeping
for shipment, or of forwarding things or property, must not, otherwise than is authorized
by law or by the contract of delivery to him, make sale of things or property entrusted to
him; nor, without the assent in writing of the person to whom he may have given a receipt
or bill of lading, or of the legal holder of such receipt or bill of lading, encumber or transfer
the same; nor must he, otherwise than as may be authorized by the contract of delivery to
him, part with the control or possession of such things or property without the assent in
writing of the person to whom he may have given a receipt or bill of lading, or of the legal
holder of such receipt or bill of lading. (Code 1886, §1177; Code 1896, §4221; Code 1907,
§6134; Code 1923, §10494; Code 1940, T. 48, §136.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-25.htm - 1K - Match Info - Similar pages
6-5-549.1
Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care
providers; testimony of health care providers as specialists. (a) This section and Sections
6-5-548 and 6-5-549 shall be known and may be cited as "The Alabama Medical Liability
Act of 1996." (b) The Legislature of the State of Alabama finds and declares that a crisis
continues to threaten the delivery and availability of medical services to the people of Alabama
and the health and safety of the citizens of this state are in jeopardy as a result of this
crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections
6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, and 27-26-20 to 27-26-43, inclusive,
and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature
to ensure that quality medical services continue to be available at reasonable costs to the
citizens of the State of Alabama. The continuing and ever increasing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-549.1.htm - 4K - Match Info - Similar pages
|