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7-2-725
than one year but may not extend it. (2) A cause of action accrues when the breach occurs,
regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty
occurs when tender of delivery is made, except that where a warranty explicitly extends to
future performance of the goods and discovery of the breach must await the time of such performance
the cause of action accrues when the breach is or should have been discovered; however, a
cause of action for damages for injury to the person in the case of consumer goods
shall accrue when the injury occurs. (3) Where an action commenced within the time
limited by subsection (1) is so terminated as to leave available a remedy by another action
for the same breach such other action may be commenced after the expiration of the time limited
and within six months after the termination of the first action unless the termination resulted
from voluntary discontinuance or from dismissal for failure or neglect to prosecute....
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40-9-19
Section 40-9-19 Homesteads. (a)(1) Homesteads, as defined by the Constitution and laws of Alabama,
are exempt from all state ad valorem taxes. In no case shall the exemption apply to more than
one person or head of the family, nor shall the exemption exceed $4,000 in assessed value
or 160 acres in area for any resident of this state who is not over 65 years of age. (2) The
homesteads of residents of this state, over 65 years of age, or who are retired due to permanent
and total disability, regardless of age, or who are blind as defined in Section 1-1-3, regardless
of age or whether such person is retired, shall be exempt from all state ad valorem taxes.
(3) The state Commissioner of Revenue may define and specify the condition or state of health
that makes a person "permanently and totally disabled" and may issue certificates
of disability to the person as he or she may find meets such specifications. Any person who
is drawing any pension or annuity from the armed services or a company...
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6-11-51
of Section 130 of the United States Internal Revenue Code, United States Code Title 26, as
amended from time to time. (11) RESPONSIBLE ADMINISTRATIVE AUTHORITY. With respect to a structured
settlement, any government authority vested by law with exclusive jurisdiction over the settled
claim resolved by such structured settlement. (12) SETTLED CLAIM. The original tort claim
resolved by a structured settlement. (13) STRUCTURED SETTLEMENT. An arrangement for periodic
payment of damages for personal injuries or sickness established by settlement or judgment
in resolution of a tort claim. (14) STRUCTURED SETTLEMENT AGREEMENT. The agreement, judgment,
stipulation, or release embodying the terms of a structured settlement. (15) STRUCTURED SETTLEMENT
OBLIGOR. With respect to any structured settlement, the party that has the continuing obligation
to make periodic payments to the payee under a structured settlement agreement or a qualified
assignment agreement. (16) STRUCTURED SETTLEMENT...
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6-11-52
Section 6-11-52 Disclosure statement. Not less than three days prior to the date on which a
payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure
statement, in bold type no smaller than 14 points, setting forth all of the following: (1)
The amounts and due dates of the structured settlement payments to be transferred. (2) The
aggregate amount of the payments. (3) The discounted present value of the payments to be transferred,
which shall be identified as the "calculation of current value of the transferred structured
settlement payments under federal standards for valuing annuities," and the amount of
the applicable federal rate used in calculating the discounted present value. (4) The gross
advance amount. (5) An itemized listing of all applicable transfer expenses, other than attorneys'
fees and related disbursements payable in connection with the transferee's application for
approval of the transfer, and the transferee's best estimate of...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under the lease
contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or, if agreed, after
other default by the lessee, if the lessor complies with subsection (2), the lessor may recover
from the lessee as damages: (a) for goods accepted by the lessee and not repossessed by or
tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable
time after risk of loss passes to the lessee (Section 7-2A-219), (i) accrued and unpaid rent
as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the
same date of the rent for the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under Section 7-2A-530, less expenses saved in consequence
of the lessee's default; and (b) for goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable...
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6-6-261
Section 6-6-261 Execution upon judgment. If the party in whose favor the judgment is given
is in possession of the property in controversy, he shall retain it or, if the property is
in possession of the officer seizing it, he shall deliver it to the successful party, and
a writ of execution will issue for the damages and costs of the action. If the property is
in possession of the losing party, the execution shall command the sheriff to take the property
in controversy and deliver it to the successful party and, if the property cannot be had,
that he make the value thereof out of the goods and chattels, lands and tenements of the party
and his sureties, if any, against whom the judgment is entered and shall command that he so
make the damages assessed and costs of the action. (Code 1907, §3782; Code 1923, §7393;
Code 1940, T. 7, §922.)...
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37-2-61
statement of the goods, property or chattels so lost, destroyed or injured, or not delivered,
setting forth the kind of articles, and the number thereof, and the value and the extent or
amount of damages, and shall, after making, subscribing and swearing to the same before an
officer authorized to administer an oath, deliver the same to the said transportation company,
agent, or officer of said transportation company so receiving said shipment within 60 days
after said loss, destruction, injury, or failure to deliver such goods, property or
chattels. (b) When such verified statement of such loss, destruction, injury, or failure
to deliver shall be delivered to such transportation company, or officer, or agent of such
transportation company, it shall be the duty of such transportation company, if such property,
goods or chattels were lost, destroyed, not delivered or injured by said transportation company,
or the agent or officer of such transportation company, to pay or tender to...
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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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7-2-105
Section 7-2-105 Definitions: "Transferability"; "goods"; "future goods";
"lot"; "commercial unit." (1) "Goods" means all things (including
specially manufactured goods) which are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid, investment securities (Article
8) and things in action. "Goods" also includes the unborn young of animals and growing
crops and other identified things attached to realty as described in the section on goods
to be severed from realty (Section 7-2-107). (2) Goods must be both existing and identified
before any interest in them can pass. Goods which are not both existing and identified are
"future goods". A purported present sale of future goods or of any interest therein
operates as a contract to sell. (3) There may be a sale of a part interest in existing identified
goods. (4) An undivided share in an identified bulk of fungible goods is sufficiently identified
to be sold although the quantity...
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