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32-6-49.3
Section 32-6-49.3 Definitions. Notwithstanding any other provision of this article, the following
definitions shall be applicable unless the context clearly indicates otherwise: (1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar
products), of any name or description containing one-half of one percentum or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or c. Any substance
containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol,
and isopropanol. (2) ALCOHOL CONCENTRATION. a. The number of grams of alcohol per 100 milliliters
of blood; or b. The number of grams of alcohol per 210 liters of breath; or c. The number
of grams of alcohol per 67 milliliters of urine. (3) COMMERCIAL DRIVER LICENSE. (CDL) means
a license issued in accordance with the requirements of this...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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22-30D-9
Section 22-30D-9 Liability. (a)(1) Except as otherwise preempted or limited by applicable federal
law, upon reporting to the department and the board of any contamination or suspected contamination,
no owner or operator, wholesale distributor, impacted third party, adjacent landowner, or
person owning any abandoned drycleaning facility who shall have elected to be covered by this
chapter shall be liable to the state or any third party for costs incurred in the investigation
or cleanup of, or equitable relief relating to, or resulting, in whole or in part, from a
preexisting release of any drycleaning agent at, on, or from any drycleaning facility, wholesale
distribution facility, or abandoned drycleaning facility or a new release of any drycleaning
agent, unless such new release resulted from noncompliance with a department approved investigation,
assessment, or remediation plan. (2) Pursuant to the rules and regulations to be adopted by
the department as required by Section 22-30D-4...
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25-6-1
Section 25-6-1 Liability of master or employer; effect of servant's or employee's knowledge
of defect or negligence causing injury. (a) Except as otherwise provided by law, when a personal
injury is received by a servant or employee in the service or business of the master or employer,
the master or employer is liable to answer in damages to such servant or employee, as if he
were a stranger and not engaged in such service or employment, provided such liability is
enforced in a court of competent jurisdiction, in the cases following: (1) When the injury
is caused by reason of any defect in the condition of the ways, works, machinery or plant
connected with or used in the business of the master or employer. (2) When the injury is caused
by reason of the negligence of any person in the service or employment of the master or employer
who has any superintendence intrusted to him, while in the exercise of such superintendence.
(3) When such injury is caused by reason of the negligence of...
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35-8-12
Section 35-8-12 Liability, actions, and service of process. (a) Neither the association nor
any unit owner shall be liable for the individual acts or omissions of any other unit owner.
(b) All actions seeking liability of unit owners arising by virtue of their condominium ownership
and who are not liable by reason of any act or omission on their own part shall be directed
against the association and defended by the association. Where plaintiff's demand exceeds
unit owner insurance established by the association, such unit owner must be given notice
by the association and shall have the right at his own expense to individual representation
by counsel. (c) A unit owner, not liable by reason of any act or omission on his own part,
shall have no liability for any settlement, judgment, or cost of defense incurred by the association
with relation to limited common elements in which he has no interest. (d) A unit owner shall
be liable for no more than a pro rata share of any settlement,...
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10A-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
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23-1-80.1
Section 23-1-80.1 County commissions - Use of county roads in conducting timber operations.
(a) A county commission, by ordinance or resolution, may require all persons or firms that
own timber in any unincorporated area of the county which plan to utilize county roads for
delivery of pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant
to provide notice of their intent to utilize the county roads to the county commission. For
purposes of this section, the term timber owner means any person or firm that has entered
into a contract with a landowner for the purposes of severing that timber and delivering pulpwood,
logs, poles, posts, or wood chips to any wood yard or processing plant. In the case where
the landowner harvests his or her own timber and delivers pulpwood, logs, poles, posts, or
wood chips to any wood yard or processing plant, the landowner is the timber owner. The term
timber owner is intended to mean the person or firm who has legal title to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-1-80.1.htm - 9K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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