7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect to any goods involved, and with respect
to all of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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7-2A-523
Section 7-2A-523 Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance
of goods or fails to make a payment when due or repudiates with respect to a part or the whole,
then, with respect to any goods involved, and with respect to all of the goods if under an
installment lease contract the value of the whole lease contract is substantially impaired
(Section 7-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 7-2A-505(1)); (b) proceed respecting goods not identified
to the lease contract (Section 7-2A-524); (c) withhold delivery of the goods and take possession
of goods previously delivered (Section 7-2A-525); (d) stop delivery of the goods by any bailee
(Section 7-2A-526); (e) dispose of the goods and recover damages (Section 7-2A-527), or retain
the goods and recover damages (Section 7-2A-528), or in a proper case recover rent (Section
7-2A-529); (f) exercise any other rights or pursue any other...
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10A-5A-6.01
Section 10A-5A-6.01 Member's power to dissociate; wrongful dissociation. (a) A person has the
power to dissociate as a member. (b) A person's dissociation from a limited liability company
is wrongful only if: (1) it is in breach of an express provision of the limited liability
company agreement; (2) the person is expelled as a member by judicial determination under
Section 10A-5A-6.02(e); or (3) the person is dissociated by becoming a debtor in bankruptcy
or making a general assignment for the benefit of creditors. (c) A person that wrongfully
dissociates as a member is liable to the limited liability company and, subject to Section
10A-5A-9.01, to the other members for damages caused by the dissociation. The liability is
in addition to any other debt, obligation, or liability of the member to the limited liability
company or the other members. (Act 2014-144, p. 265, §1.)...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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26-2A-148
Section 26-2A-148 Conservators; title by appointment. (a) The appointment of a conservator
vests in the conservator title as trustee to all property, or to the part thereof specified
in the order, of the protected person, presently held or thereafter acquired, including title
to any property theretofore held for the protected person. Appointment of a conservator does
not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers
to Minors Act, or a valid durable power of attorney, except on order of the court. An order
specifying that only a part of the property of the protected person vests in the conservator
creates a limited conservatorship. (b) Except as otherwise permitted herein, the interest
of the protected person in property vested in a conservator by this section is not transferable
or assignable by the protected person. An attempted transfer or assignment by the protected
person, though ineffective to affect property rights, may generate a...
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37-1-135
Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders. Any
person, firm, company, or corporation who shall sustain any loss, injury or damage by reason
of the suspension of the rates or orders, or any of them, as aforesaid, may bring a civil
action on the bonds in the name of the State of Alabama, for his use, and recover such damages
as he may have so sustained, including any overcharge or excess rate or charge paid by him,
on account of the suspension of the rates, charges, or orders. A copy of the bond, duly certified
by the secretary or chief clerk or any member of the Public Service Commission under the seal
of the commission, shall be received in evidence without further proof. (Code 1907, §5697;
Code 1923, §9689; Code 1940, T. 48, §93.)...
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45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the
civil violations provided for in this part, and to issue orders imposing the civil penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty by submitting a request for a hearing on the adjudication
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 shall notify the person
of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of liability in the full amount of the
civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
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45-37A-331.05
Section 45-37A-331.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The municipal court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this part, and to issue orders
imposing the civil fines and costs set out in this part. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication 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 shall
notify the person of the date and time of the adjudicative hearing by United States mail,
return receipt requested. (c) Failure to pay a civil penalty or to contest liability in a
timely manner is an admission of liability in the full amount of the civil fine assessed in
the notice of violation. (d) The civil fine shall not be assessed if,...
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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika Municipal Court is vested with the power
and jurisdiction to hear and adjudicate the civil violations provided for in this part, and
to issue orders imposing the civil fines and costs set out in this part. (b) A person who
receives a violation may contest the imposition of the civil fine by submitting a request
for a hearing on the adjudication 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 shall notify the person of the date and time of the adjudicative hearing. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
and court costs shall not be assessed if, after a hearing, the Opelika...
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7-2-703
Section 7-2-703 Seller's remedies in general. Where the buyer wrongfully rejects or revokes
acceptance of goods or fails to make a payment due on or before delivery or repudiates with
respect to a part or the whole, then with respect to any goods directly affected and, if the
breach is of the whole contract (Section 7-2-612), then also with respect to the whole undelivered
balance, the aggrieved seller may: (a) Withhold delivery of such goods; (b) Stop delivery
by any bailee as hereafter provided (Section 7-2-705); (c) Proceed under Section 7-2-704 respecting
goods still unidentified to the contract; (d) Resell and recover damages as hereafter provided
(Section 7-2-706); (e) Recover damages for nonacceptance (Section 7-2-708) or in a proper
case the price (Section 7-2-709); (f) Cancel. (Acts 1965, No. 549, p. 811.)...
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