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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of
the failure, was a debtor, was an obligor, or held a security interest in or other lien on
the collateral may recover damages under subsection (b) for its loss;...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain
license; damages for deliberate violation or reckless disregard; written notice of violations;
oral statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging
a finance charge in excess of the amount authorized herein, except as specified in subdivision
(2), shall forfeit debtor's actual economic damages not to exceed the finance charge, and
shall refund to the debtor such amount of the actual economic damages, which may be done by
reducing the amount of the debtor's obligation. If the debtor is entitled to a refund and
the creditor refuses to refund within a reasonable time, not to exceed 60 days, after written
demand, including the filing of a legal action, the debtor shall recover a penalty of five
times the amount of the actual economic damages not to exceed the finance charge, but in any
event not less than one hundred dollars ($100). Provided, however, as to any...
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7-9A-628
Section 7-9A-628 Nonliability and limitation on liability of secured party; liability
of secondary obligor. (a) Limitation of liability of secured party for noncompliance with
article. Unless a secured party knows that a person is a debtor or obligor, knows the identity
of the person, and knows how to communicate with the person: (1) the secured party is not
liable to the person, or to a secured party or lienholder that has filed a financing statement
against the person, for failure to comply with this article; and (2) the secured party's failure
to comply with this article does not affect the liability of the person for a deficiency.
(b) Limitation of liability based on status as secured party. A secured party is not liable
because of its status as secured party: (1) to a person that is a debtor or obligor, unless
the secured party knows: (A) that the person is a debtor or obligor; (B) the identity of the
person; and (C) how to communicate with the person; or (2) to a secured party or...
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22-30E-9
Section 22-30E-9 Requirements for voluntary property assessment plans, voluntary cleanup
plans; financial assurance. (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the department's
approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or
concurrence with the certification of compliance described in this section, whichever
first occurs, an applicant who is not a responsible person, as defined in Section 22-30E-3,
at the qualifying property, shall not be liable to the state or any third party for costs
incurred in the investigation or cleanup of, or equitable relief relating to, or damages resultant
from, in whole or in part, a preexisting release at the qualifying property, including, but
not limited to, any liability to the state for the cleanup of the property under Chapters
22, 27, 30, 30A, and 35 of this title, or a new release of a substance, constituent, or material
which had been part of a preexisting release at the property, unless such...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a)
Any person who: (1) Sells or offers to sell a security in violation of any provision of this
article or of any rule or order imposed under this article or of any condition imposed under
this article, or (2) Sells or offers to sell a security by means of any untrue statement of
a material fact or any omission to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made, not misleading, the buyer
not knowing of the untruth or omission, and who does not sustain the burden of proof that
he did not know and in the exercise of reasonable care could not have known of the untruth
or omission, is liable to the person buying the security from him who may bring an action
to recover the consideration paid for the security, together with interest at six percent
per year from the date of payment, court costs and reasonable attorneys' fees,...
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7-7-308
Section 7-7-308 Enforcement of carrier's lien. (a) A carrier's lien on goods may be
enforced by public or private sale of the goods, in bulk or in packages, at any time or place
and on any terms that are commercially reasonable, after notifying all persons known to claim
an interest in the goods. The notification must include a statement of the amount due, the
nature of the proposed sale, and the time and place of any public sale. The fact that a better
price could have been obtained by a sale at a different time or in a method different from
that selected by the carrier is not of itself sufficient to establish that the sale was not
made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable
manner if the carrier sells the goods in the usual manner in any recognized market therefor,
sells at the price current in that market at the time of the sale, or otherwise sells in conformity
with commercially reasonable practices among dealers in the type of...
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7-7-210
Section 7-7-210 Enforcement of warehouse's lien. (a) Except as otherwise provided in
subsection (b), a warehouse's lien may be enforced by public or private sale of the goods,
in bulk or in packages, at any time or place and on any terms that are commercially reasonable,
after notifying all persons known to claim an interest in the goods. The notification must
include a statement of the amount due, the nature of the proposed sale, and the time and place
of any public sale. The fact that a better price could have been obtained by a sale at a different
time or in a method different from that selected by the warehouse is not of itself sufficient
to establish that the sale was not made in a commercially reasonable manner. The warehouse
sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner
in any recognized market therefor, sells at the price current in that market at the time of
the sale, or otherwise sells in conformity with commercially reasonable...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages
over $150,000 to be paid by periodic payments over period of years; judgment to specify payment
terms; requirement to post security or provide evidence of insurance; future damages not to
be reduced to present value; attorney's fees; termination of periodic payments; contempt of
court upon continuing pattern of failure to make payments; modification of judgment; legislative
intent. (a) In any 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 the damages assessed by the trier
of fact shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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11-65-20
Section 11-65-20 Terms of operator's license. (a) An operator's license issued under
this chapter, whether for horse racing and pari-mutuel wagering thereon or for greyhound racing
and pari-mutuel wagering thereon, shall be for an initial period of 20 years, but shall be
subject to renewal as provided in this section. A commission shall have no power to
modify the terms of an operator's license, once issued, without the prior written consent
of the holder of such license. An operator's license shall be reviewed annually, but such
license shall be revocable by the commission only if the holder thereof shall not be in compliance
with the provisions of this chapter or the valid rules, regulations and orders of the commission
and such noncompliance shall have continued for 60 days after written notice shall be given
to such holder by the commission stating the circumstances of noncompliance and demanding
corrective action. (b) A commission issuing an operator's license shall state therein...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-65-20.htm - 16K - Match Info - Similar pages
34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery
from fund; procedures, appeals, etc.; licensee to report any legal action taken against him
or her. (a) The commission shall establish and maintain a Recovery Fund from which an aggrieved
party may recover actual or compensatory damages, not including interest and court costs,
sustained only within the State of Alabama as a result of conduct of a broker or salesperson
in violation of Article 1 or 2 of this chapter or the rules and regulations of the commission.
(b) Notwithstanding any other provision to the contrary, payments from the Recovery Fund are
subject to the following conditions and limitations: (1) The fund shall not be obligated for
the acts or omissions of a broker or salesperson while acting on his or her own behalf or
on behalf of his or her child, spouse, or parent regarding property in which he or she or
his or her spouse, child, or parent has, or is attempting to acquire, an interest;...
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