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8-1-45
Section 8-1-45 Imposition of penalty or liquidation of damages not bar to specific performance.
A contract otherwise proper to be specifically enforced may be thus enforced, though a penalty
is imposed or the damages are liquidated for its breach and the party in default is willing
to pay the same. (Code 1923, §6832; Code 1940, T. 9, §54.)...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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8-1-44
Section 8-1-44 Contract signed by one party only may be enforced by other. A party who has
signed a written contract may be compelled specifically to perform it, though the other party
has not signed it, if the latter has performed, or offers to perform, it on his part and the
case is otherwise proper for enforcing specific performance. (Code 1923, §6831; Code 1940,
T. 9, §53.)...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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34-29-94
Section 34-29-94 Veterinary technician licensing requirements; authorized acts; unlicensed
assistants; emergency care; suspension, revocation of license; continuing education. (a) In
order to obtain a license as a veterinary technician, the applicant shall do all of the following:
(1) Submit a complete notarized application on a form prescribed by the board setting forth
that the applicant meets all of the following qualifications: a. At least 18 years of age.
b. Of good character. c. Has attained a competent school education and has received a diploma
in veterinary technology from an American Veterinary Medical Association accredited school,
or other school of veterinary technology approved by the board. (2) Submit an application
accompanied by an authenticated copy of the college transcript of the applicant signed by
the dean or the registrar of the school, college, or university. (3) Submit an application
accompanied by a photograph of reasonable likeness of the applicant taken...
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8-1-40
Section 8-1-40 Specific performance not enforced in certain cases. Specific performance cannot
be enforced against a party to a contract in any of the following cases: (1) If he has not
received an adequate consideration for the contract; (2) If it is not, as to him, just and
reasonable; (3) If his assent was obtained by the misrepresentation, concealment, circumvention
or unfair practices of any party to whom performance would become due under the contract or
by any promise of such party which has not been substantially fulfilled; or (4) If his assent
was given under the influence of mistake, misapprehension, or surprise; except, that where
the contract provides for compensation in case of mistake, a mistake within the scope of such
provision may be compensated for and the contract specifically enforced in other respects
if proper to be so enforced. (Code 1923, §6834; Code 1940, T. 9, §56.)...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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13A-1-8
Section 13A-1-8 Procedural matters; civil liabilities not affected by title; prosecution when
more than one offense. (a)(1) Except as otherwise provided herein, the procedure governing
the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated
by this title. (2) This title does not bar, suspend, or otherwise affect any right or liability
to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced
in a civil action, regardless of whether the conduct involved in the proceeding constitutes
an offense defined in this title. (b) When the same conduct of a defendant may establish the
commission of more than one offense, the defendant may be prosecuted for each such offense.
He may not, however, be convicted of more than one offense if: (1) One offense is included
in the other, as defined in Section 13A-1-9; or (2) One offense consists only of a conspiracy
or other form of preparation to commit the other; or (3)...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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2-10-65
Section 2-10-65 Marketing contracts. The association and its members may make and execute marketing
contracts, requiring the members to sell, for any period of time not over 10 years, all or
any specified part of their agricultural products or specified commodities exclusively to
or through the association or any facilities to be created by the association. The contract
may provide that the association may sell or resell the products of its members, with or without
taking title thereto, and pay over to its members the resale price, after deducting all necessary
selling, overhead and other costs and expenses, including interest on preferred stock, not
exceeding eight percent per annum, and reserves for retiring the stock, if any, and other
proper reserves and interest not exceeding eight percent per annum upon common stock or other
items deemed proper. The bylaws and the marketing contract may fix, as liquidated damages,
specified sums to be paid by the member or stockholder to the...
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