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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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8-21A-13
Section 8-21A-13 Statute of limitations; accrual of cause of action. Except as otherwise provided,
any civil action commenced under the provisions of this chapter must be brought within four
years after the cause of action has accrued. The cause of action shall not accrue until constituting
a violation of the provisions of this chapter. (Acts 1991, No. 91-721, p. 1401, ยง13.)...
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27-34-31
Section 27-34-31 Life benefit certificate - Prohibited provisions. After January 1, 1973, no
life benefit certificate shall be delivered or issued for delivery in this state containing,
in substance, any of the following provisions: (1) Any provision limiting the time with which
any action may be commenced to less than two years after the cause of action accrues; (2)
Any provision by which the certificate purports to be issued or to take effect more than six
months before the original application for the certificate was made, except in case of transfer
from one form of certificate to another in connection with which the member is to receive
credit for any reserve accumulation under the form of certificate from which the transfer
is made; or (3) Any provision for forfeiture of the certificate for failure to repay any loan
thereon or to pay interest on such loan which the total indebtedness, including interest,
is less than the loan value of the certificate. (Acts 1971, No. 407, p. 707,...
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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...
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6-2-8
Section 6-2-8 Suspension of limitation - Disabilities. (a) If anyone entitled to commence any
of the actions enumerated in this chapter, to make an entry on land or enter a defense founded
on the title to real property is, at the time the right accrues, below the age of 19 years,
or insane, he or she shall have three years, or the period allowed by law for the commencement
of an action if it be less than three years, after the termination of the disability to commence
an action, make entry, or defend. No disability shall extend the period of limitations so
as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years
from the time the claim or right accrued. Nothing in this section shall be interpreted as
denying any imprisoned person the right to commence an action enumerated in this chapter and
to make any proper appearances on his or her behalf in such actions. (b) If anyone entitled
to commence any of the actions enumerated in this chapter is, at...
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2-19-22
Section 2-19-22 Implied warranty as to packing of cotton. When cotton in bales is sent by a
planter or other owner to a factor for sale, a warranty is implied on the part of such planter
or owner to the factor and the purchaser from such factor respectively that such cotton is
not fraudulently packed and, when cotton is sold by sample by the owner or his factor, that
the sample has been fairly drawn and that the cotton is not fraudulently packed, and no other
warranty is thereby implied. For any breach of such implied warranty, the purchaser may recover
damages, either from the owner or factor selling the same, but no civil action can be brought
for any breach of such last mentioned implied warranty unless the civil action is commenced
within one year after such sale. Planters shall not be liable in any way for losses sustained
by factors or commission merchants for having sold cotton by fraudulent or unfair samples,
unless such loss was occasioned by plating or fraudulent packing of...
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6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
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34-35-7
Section 34-35-7 License fee; bond. (a) Each applicant for a transient merchant license must
include a license fee of $250 with the application, to be deposited in the county treasury
that issues the license. The license applicant must also execute a cash bond or a surety bond
issued by a corporate surety authorized to do business in this state in an amount that is
the lesser of $2,000 or five percent of the wholesale value of any merchandise or services
to be offered for sale. The surety bond must be issued in favor of the state and must be conditioned
that the applicant will pay all taxes due from the applicant to the state or to a political
subdivision of the state, any fines assessed against the applicant or the applicant's agents
or employees for a violation of this chapter, and any judgment rendered against the applicant
or the applicant's agents or employees in a cause of action commenced by a purchaser of merchandise
or services not later than one year after the date the...
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37-9-30
Section 37-9-30 Reparation for excessive charges. When complaint has been made to the commission
concerning any rate, fare or charge for any service performed by any air carrier, and the
commission has found, after investigation, that the air carrier has charged an unreasonable,
excessive or discriminatory amount for such service, in violation of any of the provisions
of this chapter, the commission may order that the air carrier make due reparation to the
complainer therefor, with reasonable interest from the date of collection, provided no discrimination
will result for such reparation. Such complaint shall be filed with the commission within
two years from the time the cause of action accrues and not after; provided, that if a claim
based on an overcharge has been presented to the air carrier within the two-year period of
limitation, said period shall be extended to include six months from the time notice in writing
is given by the air carrier to the claimant of disallowance of the...
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6-5-547
Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation.
In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health
care provider whether in contract or in tort based on a breach of the standard of care the
amount of any judgment entered in favor of the plaintiff shall not exceed the sum of $1,000,000.
Any verdict returned in any such action which exceeds $1,000,000 shall be reduced to $1,000,000
by the trial court or such lesser sum as the trial court deems appropriate in accordance with
prevailing standards for reducing excessive verdicts. During the trial of any action brought
pursuant to Section 6-5-391 or 6-5-410 neither the court nor any party shall advise
or infer to the jury that it may not return a verdict in excess of $1,000,000; in the event
the jury is so advised or such inference is made the court, upon motion of an opposing party,
shall immediately declare a mistrial. The maximum amount payable under this...
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