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7-2-714
Section 7-2-714 Buyer's damages for breach in regard to accepted goods. (1) Where the
buyer has accepted goods and given notification (subsection (3) of Section 7-2-607)
he may recover as damages for any nonconformity of tender the loss resulting in the ordinary
course of events from the seller's breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the difference at the time and place
of acceptance between the value of the goods accepted and the value they would have had if
they had been as warranted, unless special circumstances show proximate damages of a different
amount, and nothing in this section shall be construed so as to limit the seller's
liability for damages for injury to the person in the case of consumer goods. Damages in an
action for injury to the person include those damages ordinarily allowable in such actions
at law. (3) In a proper case any incidental and consequential damages under Section
7-2-715 may also be...
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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under
the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or,
if agreed, after other default by the lessee, if the lessor complies with subsection (2),
the lessor may recover from the lessee as damages: (a) for goods accepted by the lessee and
not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within
a commercially reasonable time after risk of loss passes to the lessee (Section 7-2A-219),
(i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii)
the present value as of the same date of the rent for the then remaining lease term of the
lease agreement, and (iii) any incidental damages allowed under Section 7-2A-530, less
expenses saved in consequence of the lessee's default; and (b) for goods identified to the
lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable...
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7-7-302
Section 7-7-302 Through bills of lading and similar documents of title. (a) The issuer
of a through bill of lading, or other document of title embodying an undertaking to be performed
in part by a person acting as its agent or by a performing carrier, is liable to any person
entitled to recover on the bill or other document for any breach by the other person or the
performing carrier of its obligation under the bill or other document. However, to the extent
that the bill or other document covers an undertaking to be performed overseas or in territory
not contiguous to the continental United States or an undertaking including matters other
than transportation, this liability for breach by the other person or the performing carrier
may be varied by agreement of the parties. (b) If goods covered by a through bill of lading
or other document of title embodying an undertaking to be performed in part by a person other
than the issuer are received by that person, the person is subject, with...
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10A-9A-2.05
Section 10A-9A-2.05 Liability for false information in a filed writing. If a writing
delivered for filing under this chapter and filed under this chapter contains information
which is false in any material respect and if such information is required to be set forth
on a newly filed certificate of formation under this chapter, a person that suffers loss by
reasonable reliance on the information may recover damages for the loss from: (1) a person
that signed the writing, or caused another to sign it on the person's behalf, and knew the
information to be false at the time the writing was signed; and (2) a general partner that
has notice that the information was false when the writing was filed or has become false because
of changed circumstances, if the general partner has notice for a reasonably sufficient time
before the information is relied upon to enable the general partner to effect an amendment
under Section 10A-9A-2.02, file a petition pursuant to Division B of Article 5 of...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken
only from an order on hearing, or as to a matter on which the commissioner has refused or
failed to hold a hearing after demand therefor under Section 27-2-28 or as to a matter
as to which the commissioner has refused or failed to make his order on hearing as required
by Section 27-2-31. Any person who was a party to such hearing or whose pecuniary interests
are directly and immediately affected by any such refusal or failure to grant or hold a hearing
and who is aggrieved by such order, refusal, or failure may appeal from such order or as to
any such matter within 30 days after: (1) The order on hearing has been mailed or delivered
to the persons entitled to receive the same; (2) The commissioner's order denying rehearing
or reargument has been so mailed or delivered; (3) The commissioner has refused or failed
to make his order on hearing as required under Section 27-2-31; or (4) The commissioner...
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37-2-113
Section 37-2-113 Orders of commission - Remedy for noncompliance. The Public Service
Commission must notify the district attorney of the proper circuit and the Attorney General
of the failure of any railroad company or person operating a railroad to comply with any order
made by such commission for the erection of sitting or waiting rooms, within 60 days after
the expiration of the period within which such sitting or waiting rooms are to be erected;
and thereupon, it shall be the duty of the district attorney, under the direction of the Attorney
General, to bring a civil action in the name of the State of Alabama, or take other appropriate
steps in the circuit court, or before the judge of the circuit court to compel the erection
of such sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such
cases, the circuit court shall be always open, and the circuit judge may make all needful
orders and issue all writs and process. If the person or corporation...
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37-8-110
Section 37-8-110 Noncompliance with commission order to erect depot or to provide conveniences
for travelers - Generally. Any person or corporation operating a railroad which fails for
more than 90 days after its receipt, and for such further time, if any, as may be allowed
by the Public Service Commission, to comply with a legal order of the public service commission,
regarding the erection of a depot, or providing other conveniences for travelers at stations,
must, on conviction, be fined not less than $250.00 nor more than $5,000.00. To any indictment
under this section, it is good defense that such order was, in view of all the circumstances,
unreasonable or unjust. (Code 1886, §4102; Code 1896, §5364; Code 1907, §7656; Code 1923,
§5324; Code 1940, T. 48, §428.)...
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45-37A-42.05
Section 45-37A-42.05 Administrative hearings; contesting liability; fines and costs;
affirmative defenses. (a) An Administrative Hearing Officer appointed by the Mayor of the
city is vested with the power and jurisdiction to conduct administrative hearings of civil
violations provided for in this part. (b) A person who receives a notice of violation may
contest the imposition of the fine by submitting a request for an administrative hearing of
the civil violation, in writing, within 15 days of the 10th day after the date the notice
of violation is mailed. Upon receipt of a timely request, the city or its designee shall notify
the person of the date and time of the administrative hearing by U.S. mail. (c) Failure to
pay a fine or to contest liability in a timely manner is an admission of liability in the
full amount of the fine assessed in the notice of violation. (d) Any fine imposed pursuant
to this part shall not be collected if, after a hearing, the Administrative Hearing Officer...
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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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7-9A-208
Section 7-9A-208 Additional duties of secured party having control of collateral. (a)
Applicability of section. This section applies to cases in which there is no
outstanding secured obligation and the secured party is not committed to make advances, incur
obligations, or otherwise give value. (b) Duties of secured party after receiving demand from
debtor. Within 10 days after receiving an authenticated demand by the debtor: (1) a secured
party having control of a deposit account under Section 7-9A-104(a)(2) shall send to
the bank with which the deposit account is maintained an authenticated statement that releases
the bank from any further obligation to comply with instructions originated by the secured
party; (2) a secured party having control of a deposit account under Section 7-9A-104(a)(3)
shall: (A) pay the debtor the balance on deposit in the deposit account; or (B) transfer the
balance on deposit into a deposit account in the debtor's name; (3) a secured party, other
than a...
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