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https://law.justia.com/codes/alabama/title-7/article-10/section-7-10-102/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 10 - Effective Date and Repealer.›Section 7-10-102 - Specific Repealer; Provision for Transition.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 10 - Effective Date and Repealer. › Section 7-10-102 - Specific Repealer; Provision for Transition.
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Section 7-10-102
Specific repealer; provision for transition.
(1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed:
Code of Alabama 1940: Title 2, Sections 504-567, inclusive; Title 5, Section 135 and Section 136; Title 7, Section 401 and Section 402; Title 9, Sections 10-13, inclusive; Title 10, Sections 48-69, inclusive; Title 20, Section 10, as amended, and Sections 11-14, inclusive; Title 39, Sections 1-12, inclusive, Section 13, as amended, Sections 14-85, inclusive, Section 86, as amended, Sections 87-183, inclusive, Section 190 and Section 191; Title 47, Section 110, Section 111, Section 123, Section 124, Section 130, Section 131, as amended, and Sections 161-163, inclusive; Title 48, Sections 356-397, inclusive; Title 57, Sections 1-76, inclusive; and the following Acts of the Legislature of Alabama: Act No. 591, General Acts of Alabama, Regular Session (1939) p. 963, approved June 28, 1940; Act No. 641, General Acts of Alabama, Regular Session (1939) p. 1006, approved July 10, 1940; Act No. 128, General Acts of Alabama, Regular Session (1943) p. 130, approved June 10, 1943; Act No. 129, General Acts of Alabama, Regular Session (1943) p. 131, approved June 10, 1943; Act No. 270, General Acts of Alabama, Regular Session (1947) p. 111, approved August 8, 1947; Act No. 320, General Acts of Alabama, Regular Session (1949) p. 451, approved August 2, 1949, as amended; Act No. 338, General Acts of Alabama, Regular Session (1949) p. 503, approved August 8, 1949; Act No. 555, General Acts of Alabama, Regular Session (1957) p. 775, approved September 18, 1957; Act No. 570, General Acts of Alabama, Regular Session (1957) p. 790, approved September 18, 1957; Act No. 881, General Acts of Alabama, Regular Session (1961) p. 1385, approved September 8, 1961; and Act No. 82, General Acts of Alabama, Regular Session (1963) p. 461, approved June 27, 1963.
(2) Transactions validly entered into before the effective date specified in Section 7-10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this title as though such repeal or amendment had not occurred.
(Acts 1965, No. 549, p. 811.)
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https://law.justia.com/codes/alabama/title-7/article-10/section-7-10-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 10 - Effective Date and Repealer.›Section 7-10-103 - General Repealer.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 10 - Effective Date and Repealer. › Section 7-10-103 - General Repealer.
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Section 7-10-103
General repealer.
Except as provided in Section 7-10-104, all acts and parts of acts inconsistent with this title are hereby repealed.
(Acts 1965, No. 549, p. 811.)
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https://law.justia.com/codes/alabama/title-7/article-10/section-7-10-104/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 10 - Effective Date and Repealer.›Section 7-10-104 - Laws Not Repealed.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 10 - Effective Date and Repealer. › Section 7-10-104 - Laws Not Repealed.
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Section 7-10-104
Laws not repealed.
Repealed Act 2004-315, p. 464, 1, Effective January 1, 2005.
(Acts 1965, No. 549, p. 811; Acts 1996, No. 96-742, p. 1241, §5.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-101 - Effective Date; Definitions.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-101 - Effective Date; Definitions.
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Section 7-11-101
Effective date; definitions.
(1) This act shall become effective at 12:01 A.M. on February 1, 1982.
(2) As used in this Article 11:
(a) The term "old U.C.C." means Sections 7-1-105, 7-1-201, 7-2-107, 7-5-116, 7-9-102, 7-9-103, 7-9-104, 7-9-105, 7-9-106, 7-9-203, 7-9-204, 7-9-205, 7-9-301, 7-9-302, 7-9-304, 7-9-305, 7-9-306, 7-9-307, 7-9-308, 7-9-310, 7-9-312, 7-9-313, 7-9-318, 7-9-401, 7-9-402, 7-9-403, 7-9-404, 7-9-405, 7-9-406, 7-9-407, 7-9-408, 7-9-501, 7-9-502, 7-9-504, and 7-9-505, as they are in effect immediately prior to February 1, 1982.
(b) The term "new U.C.C." means Sections 7-1-105, 7-1-201, 7-2-107, 7-5-116, 7-9-102, 7-9-103, 7-9-104, 7-9-105, 7-9-106, 7-9-114, 7-9-203, 7-9-204, 7-9-205, 7-9-301, 7-9-302, 7-9-304, 7-9-305, 7-9-306, 7-9-307, 7-9-308, 7-9-310, 7-9-312, 7-9-313, 7-9-318, 7-9-401, 7-9-402, 7-9-403, 7-9-404, 7-9-405, 7-9-406, 7-9-407, 7-9-408, 7-9-409, 7-9-501, 7-9-502, 7-9-504, and 7-9-505, as said provisions are enacted pursuant to this act.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-102/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-102 - Preservation of Old Transition Provision.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-102 - Preservation of Old Transition Provision.
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Section 7-11-102
Preservation of old transition provision.
The provisions of Section 7-10-102 shall continue to apply to the new U.C.C. and for this purpose the old U.C.C. and new U.C.C. shall be considered one continuous statute.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-103 - Transition to New u.c.c. - General Rule.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-103 - Transition to New u.c.c. - General Rule.
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Section 7-11-103
Transition to new U.C.C. - General rule.
Transactions validly entered into after the effective date of the old U.C.C. and before February 1, 1982, and which were subject to the provisions of the old U.C.C. and which would be subject to this act as amended if they had been entered into after February 1, 1982, and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by the new U.C.C. Security interests arising out of such transactions which are perfected as of February 1, 1982, shall remain perfected until they lapse as provided in the new U.C.C., and may be continued as permitted by the new U.C.C., except as stated in Section 7-11-105.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-104/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-104 - Transition Provision on Change of Requirement of Filing.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-104 - Transition Provision on Change of Requirement of Filing.
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Section 7-11-104
Transition provision on change of requirement of filing.
A security interest for the perfection of which filing or the taking of possession was required under the old U.C.C. and which attached prior to February 1, 1982, but was not perfected shall be deemed perfected on February 1, 1982, if the new U.C.C. permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-105/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-105 - Transition Provision on Change of Place of Filing.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-105 - Transition Provision on Change of Place of Filing.
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Section 7-11-105
Transition provision on change of place of filing.
(1) A financing statement or continuation statement filed prior to February 1, 1982, which shall not have lapsed prior to February 1, 1982, shall remain effective for the period provided in the old U.C.C., but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to February 1, 1982, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the new U.C.C.
(3) The effectiveness of any financing statement or continuation statement filed prior to February 1, 1982, may be continued by a continuation statement as permitted by the new U.C.C., except that if the new U.C.C. requires a filing in an office where there was no previous financing statement, a new financing statement conforming to Section 7-11-106 shall be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the new U.C.C. had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection (b) of Section 7-9A-502 of the new U.C.C. on February 1, 1982.
(Acts 1981, No. 81-312, p. 399; Act 2001-481, p. 647, §2.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-106/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-106 - Required Refilings.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-106 - Required Refilings.
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Section 7-11-106
Required refilings.
(1) If a security interest is perfected or has priority on February 1, 1982, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the new U.C.C., the perfection and priority rights of the security interest continue until three years after February 1, 1982. The perfection will then lapse unless a financing statement is filed as provided in subsection (2) or unless the security interest is perfected otherwise than by filing.
(2) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this act is still effective. Section 7-9A-501 and Section 7-9A-301 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of Section 7-9A-515 for continuation statements apply to such a financing statement.
(Acts 1981, No. 81-312, p. 399; Act 2001-481, p. 647, §2.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-107/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-107 - Transition Provisions as to Priorities.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-107 - Transition Provisions as to Priorities.
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Section 7-11-107
Transition provisions as to priorities.
Except as otherwise provided in this Article 11, the old U.C.C. shall apply to any questions of priority if the positions of the parties were fixed prior to February 1, 1982. In other cases questions of priority shall be determined by the new U.C.C.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-7/article-11/section-7-11-108/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 11 - Effective Date and Transition Provisions.›Section 7-11-108 - Presumption That Rule of Law Continues Unchanged.
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2023 Code of Alabama › Title 7 - Commercial Code. › Article 11 - Effective Date and Transition Provisions. › Section 7-11-108 - Presumption That Rule of Law Continues Unchanged.
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Section 7-11-108
Presumption that rule of law continues unchanged.
Unless a change in law has clearly been made, the provisions of the new U.C.C. shall be deemed declaratory of the meaning of the old U.C.C.
(Acts 1981, No. 81-312, p. 399.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-1/section-8-1-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 1 - General Provisions.›Section 8-1-1 - Contracts Restraining Business Void; Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 1 - General Provisions. › Section 8-1-1 - Contracts Restraining Business Void; Exceptions.
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Section 8-1-1
Contracts restraining business void; exceptions.
Repealed by Act 2015-465 effective January 1, 2016.
(Code 1923, §§6826, 6827, 6828; Acts 1931, No. 546, p. 647; Code 1940, T. 9, §§22, 23, 24.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-1/section-8-1-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 1 - General Provisions.›Section 8-1-2 - Written Contract Not Expressing Parties' Intent May Be Revised.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 1 - General Provisions. › Section 8-1-2 - Written Contract Not Expressing Parties' Intent May Be Revised.
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Section 8-1-2
Written contract not expressing parties' intent may be revised.
When, through fraud, a mutual mistake of the parties or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, so far as it can be done without prejudice to the rights acquired by third persons in good faith and for value.
(Code 1923, §6825; Code 1940, T. 9, §59.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-1/section-8-1-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 1 - General Provisions.›Section 8-1-3 - Receipt or Acknowledgment for Collateral Required.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 1 - General Provisions. › Section 8-1-3 - Receipt or Acknowledgment for Collateral Required.
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Section 8-1-3
Receipt or acknowledgment for collateral required.
(a) All banking, insurance and other corporations, private bankers, brokers and other persons engaged in the business of making discounts or lending money, or taking or receiving a collateral for a loan or discount, must give to the borrower, or to his agent or attorney, if demanded, a receipt or acknowledgment in writing designating or describing the collateral taken or received and stating the character of the debt, the time of its maturity and amount for the payment of which such collateral is intended as security.
(b) If negotiable bonds are taken or received as collateral, the receipt or acknowledgment must state the series number thereof if such bonds are numbered.
(Code 1886, §1785; Code 1896, §946; Code 1907, §3301; Code 1923, §6743; Code 1940, T. 9, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-1/section-8-1-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 1 - General Provisions.›Section 8-1-4 - Reimbursement for Certain Federal Manufacturer's Excise Taxes; Option to Tender Paym...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 1 - General Provisions. › Section 8-1-4 - Reimbursement for Certain Federal Manufacturer's Excise Taxes; Option to Tender Payment One Business Day Before Remittance Due to Internal Revenue Service; Notification and Security; Applicability.
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Section 8-1-4
Reimbursement for certain federal manufacturer's excise taxes; option to tender payment one business day before remittance due to Internal Revenue Service; notification and security; applicability.
(a) A party to a contract required to reimburse another party to the contract for the federal manufacturer's excise tax levied pursuant to Sections 4081 to 4083, inclusive, and Section 4091 of Title 26 of the United States Code, whether as a separate item or as a part of the price, may tender payment for the taxes one business day prior to the time that the other party is required to remit the taxes to the United States Internal Revenue Service.
(b) If a party elects to make payment pursuant to subsection (a), the party to which the payment is owed may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. The other party may not change the payment terms of the contract without a valid business reason other than the exercise of the option to be made by electronic transfer of funds.
(c) The party exercising the option in subsection (a) shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which shall not be earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(d) This section shall apply to all contracts existing on June 1, 1996 in which a reimbursement for taxes due has not been made, and to all other contracts entered into or renewed after June 1, 1996. Additionally and specifically, this section shall also apply to contracts arising from daily wholesale price offers which are accepted or rejected by the acceptance or rejection of products at such stated prices. Each daily price offering is a new offer and each purchase of product at a given price offer creates a new contract to which this section applies.
(e) The exercise of an option pursuant to subsection (a) shall not relieve the party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement shall be tendered.
(Acts 1996, No. 96-408, p. 516, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-2/section-8-1-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 2 - Accord and Satisfaction.›Section 8-1-20 - "Accord" Defined.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 2 - Accord and Satisfaction. › Section 8-1-20 - "Accord" Defined.
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Section 8-1-20
"Accord" defined.
An "accord" is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is claiming or entitled.
(Code 1923, §5640; Code 1940, T. 9, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-2/section-8-1-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 2 - Accord and Satisfaction.›Section 8-1-21 - Obligation Not Extinguished by Accord Until Executed.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 2 - Accord and Satisfaction. › Section 8-1-21 - Obligation Not Extinguished by Accord Until Executed.
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Section 8-1-21
Obligation not extinguished by accord until executed.
Though the parties to an accord are bound to execute it, it does not extinguish the obligation until it is fully executed.
(Code 1923, §5641; Code 1940, T. 9, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-2/section-8-1-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 2 - Accord and Satisfaction.›Section 8-1-22 - Accepting Accord Consideration Deemed Satisfaction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 2 - Accord and Satisfaction. › Section 8-1-22 - Accepting Accord Consideration Deemed Satisfaction.
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Section 8-1-22
Accepting accord consideration deemed satisfaction.
Acceptance of the consideration of an accord extinguishes the obligation and is called satisfaction.
(Code 1923, §5642; Code 1940, T. 9, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-2/section-8-1-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 2 - Accord and Satisfaction.›Section 8-1-23 - Obligation Extinguished by New Consideration or Writing.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 2 - Accord and Satisfaction. › Section 8-1-23 - Obligation Extinguished by New Consideration or Writing.
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Section 8-1-23
Obligation extinguished by new consideration or writing.
An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration or in writing with or without new consideration.
(Code 1923, §5643; Code 1940, T. 9, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-3/section-8-1-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-40 - Specific Performance Not Enforced in Certain Cases.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-40 - Specific Performance Not Enforced in Certain Cases.
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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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https://law.justia.com/codes/alabama/title-8/chapter-1/article-3/section-8-1-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-41 - Obligations Which Cannot Be Specifically Enforced.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-41 - Obligations Which Cannot Be Specifically Enforced.
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Section 8-1-41
Obligations which cannot be specifically enforced.
The following obligations cannot be specifically enforced:
(1) An obligation to render personal service;
(2) An obligation to employ another in personal service;
(3) An agreement to submit a controversy to arbitration;
(4) An agreement to perform an act which the party has not power lawfully to perform when required to do so;
(5) An agreement to procure the act or consent of the wife of the contracting party or of any other third persons; or
(6) An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
(Code 1923, §6833; Code 1940, T. 9, §55.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-3/section-8-1-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-42 - Specific Performance Not Enforced for Party Not Fully Performing Conditions Precede...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-42 - Specific Performance Not Enforced for Party Not Fully Performing Conditions Precedent.
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Section 8-1-42
Specific performance not enforced for party not fully performing conditions precedent.
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default.
(Code 1923, §6835; Code 1940, T. 9, §57.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-43 - Neither Party to Obligation Compelled Specifically to Perform Unless Other Party Pe...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-43 - Neither Party to Obligation Compelled Specifically to Perform Unless Other Party Performs.
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Section 8-1-43
Neither party to obligation compelled specifically to perform unless other party performs.
Neither party to an obligation can be compelled specifically to perform it unless the other party thereto has performed or is compelled specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, with full compensation for any want of entire performance.
Code 1923, § 6829; Code 1940, T. 9, §51.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-44 - Contract Signed by One Party Only May Be Enforced by Other.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-44 - Contract Signed by One Party Only May Be Enforced by Other.
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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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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-45 - Imposition of Penalty or Liquidation of Damages Not Bar to Specific Performance.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-45 - Imposition of Penalty or Liquidation of Damages Not Bar to Specific Performance.
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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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https://law.justia.com/codes/alabama/title-8/chapter-1/article-3/section-8-1-46/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-46 - Obligation on Real Estate Specifically Enforced Against Person Subsequently Claimin...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-46 - Obligation on Real Estate Specifically Enforced Against Person Subsequently Claiming Title.
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Section 8-1-46
Obligation on real estate specifically enforced against person subsequently claiming title.
Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or encumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation.
(Code 1923, §6836; Code 1940, T. 9, §58.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 3 - Specific Performance.›Section 8-1-47 - Presumptions as to Availability of Specific Performance as Remedy.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 3 - Specific Performance. › Section 8-1-47 - Presumptions as to Availability of Specific Performance as Remedy.
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Section 8-1-47
Presumptions as to availability of specific performance as remedy.
It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.
(Code 1923, §6830; Code 1940, T. 9, §52.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 4 - Hirings.›Section 8-1-60 - Thing Let for Particular Purpose to Be So Used.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 4 - Hirings. › Section 8-1-60 - Thing Let for Particular Purpose to Be So Used.
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Section 8-1-60
Thing let for particular purpose to be so used.
When a thing is let for a particular purpose, the lessee must not use it for any other purpose; and if he does, he is liable to the lessor for all damages resulting from such use, or the lessor may treat the contract as thereby rescinded.
(Code 1923, §6273; Code 1940, T. 9, §7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 4 - Hirings.›Section 8-1-61 - Lessee to Use Ordinary Care.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 4 - Hirings. › Section 8-1-61 - Lessee to Use Ordinary Care.
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Section 8-1-61
Lessee to use ordinary care.
The lessee of a thing must use ordinary care for its preservation in safety and good condition.
(Code 1923, §6271; Code 1940, T. 9, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-4/section-8-1-62/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 4 - Hirings.›Section 8-1-62 - Lessee to Repair Injuries.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 4 - Hirings. › Section 8-1-62 - Lessee to Repair Injuries.
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Section 8-1-62
Lessee to repair injuries.
The lessee of a thing must repair all deteriorations or injuries thereto occasioned by the want of ordinary care.
(Code 1923, §6272; Code 1940, T. 9, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-4/section-8-1-63/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 4 - Hirings.›Section 8-1-63 - When Lessor May Reclaim Before End of Term.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 4 - Hirings. › Section 8-1-63 - When Lessor May Reclaim Before End of Term.
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Section 8-1-63
When lessor may reclaim before end of term.
The lessor of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon:
(1) When the lessee uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or
(2) When the lessee does not, within a reasonable time, after request, make such repair as he is bound to make.
(Code 1923, §6274; Code 1940, T. 9, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 6 - Bidding at Public Sales.›Section 8-1-100 - Consideration for Bidding or Not Bidding at Public Sale Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 6 - Bidding at Public Sales. › Section 8-1-100 - Consideration for Bidding or Not Bidding at Public Sale Prohibited.
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Section 8-1-100
Consideration for bidding or not bidding at public sale prohibited.
No person shall receive, directly or indirectly, any money or thing of value in consideration of bidding or not bidding at any public sale within this state.
(Code 1852, §1557; Code 1867, §1869; Code 1876, §2127; Code 1886, §1738; Code 1896, §2159; Code 1907, §3334; Code 1923, §6804; Code 1940, T. 9, §25.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-6/section-8-1-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 6 - Bidding at Public Sales.›Section 8-1-101 - Bids on Public Lands Under Agreement to Transfer Same Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 6 - Bidding at Public Sales. › Section 8-1-101 - Bids on Public Lands Under Agreement to Transfer Same Prohibited.
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Section 8-1-101
Bids on public lands under agreement to transfer same prohibited.
No person shall bid off any of the public lands within this state under an agreement, previously made, to transfer the same, or any part thereof, or interest therein, for a premium or advance to be paid therefor.
(Code 1852, §1558; Code 1867, §1870; Code 1876, §2128; Code 1886, §1739; Code 1896, §2160; Code 1907, §3335; Code 1923, §6805; Code 1940, T. 9, §26.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 6 - Bidding at Public Sales.›Section 8-1-102 - Contracts Violating Sections 8-1-100 and 8-1-101 Void.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 6 - Bidding at Public Sales. › Section 8-1-102 - Contracts Violating Sections 8-1-100 and 8-1-101 Void.
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Section 8-1-102
Contracts violating Sections 8-1-100 and 8-1-101 void.
(a) All contracts in violation of the provisions of Sections 8-1-100 and 8-1-101 are void.
(b) Any person violating such provisions forfeits double the amount of money or value of the thing received, agreed to be received or paid, to the use of the person suing for the same, and anyone interested in the sale may sue therefor.
(Code 1852, §1559; Code 1867, §1871; Code 1876, §2129; Code 1886, §1740; Code 1896, §2161; Code 1907, §3336; Code 1923, §6806; Code 1940, T. 9, §27.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-6/section-8-1-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 6 - Bidding at Public Sales.›Section 8-1-103 - Selling Improvements on Public Lands by Person Making Same.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 6 - Bidding at Public Sales. › Section 8-1-103 - Selling Improvements on Public Lands by Person Making Same.
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Section 8-1-103
Selling improvements on public lands by person making same.
Nothing in Sections 8-1-100 and 8-1-101 must be so construed as to prevent any person who has made improvements on public lands from selling the same and receiving the purchase money therefor.
(Code 1852, §1561; Code 1867, §1873; Code 1876, §2130; Code 1886, §1741; Code 1896, §2162; Code 1907, §3337; Code 1923, §6807; Code 1940, T. 9, §28.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-120 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-120 - Definitions.
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Section 8-1-120
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) CONTRACT OF SALE. Such term shall include sales, agreements of sale, and agreements to sell.
(2) PERSON. Such term shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships, and corporations.
(Acts 1915, No. 791, p. 913; Code 1923, §6815; Code 1940, T. 9, §29.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-121 - Certain Contracts for Future Delivery Void; Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-121 - Certain Contracts for Future Delivery Void; Exceptions.
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Section 8-1-121
Certain contracts for future delivery void; exceptions.
(a) All contracts of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein the parties thereto do not intend a delivery of the article contracted for, but do intend to gamble on the difference between the contract price and some subsequent market price, shall be illegal and void, and no action shall be maintained in any court to enforce such contract or to compel payment of any note or security given in payment or settlement of the same.
(b) The provisions of subsection (a) of this section shall not be construed so as to apply to any person, firm, corporation or his or their agent, engaged in the business of manufacturing or wholesale merchandising in the purchase or sale of the necessary commodities required in the ordinary course of their business.
(Code 1907, §§3349, 3350; Acts 1915, No. 791, p. 913; Code 1923, §§6816, 6818; Code 1940, T. 9, §§30, 32.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-122 - Failure to Furnish Statement on Future Delivery Prima Facie Evidence of Illegal Co...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-122 - Failure to Furnish Statement on Future Delivery Prima Facie Evidence of Illegal Contract.
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Section 8-1-122
Failure to furnish statement on future delivery prima facie evidence of illegal contract.
Every person shall furnish, upon demand, to any principal for whom such person has executed any order for the actual purchase or sale of any commodities, stocks, or bonds for future delivery, a written statement containing the names of the persons from whom such property was bought or to whom it has been sold, as the fact may be, the time when and the place where, and if the person shall refuse or neglect to furnish such statement within 24 hours after such demand, such refusal or neglect shall be prima facie evidence that such purchase or sale was an illegal contract declared void by this article.
(Acts 1915, No. 791, p. 913; Code 1923, §6817; Code 1940, T. 9, §31.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-123/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-123 - Failure to Deliver After Deposit of Margins Prima Facie Evidence of Void Contract.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-123 - Failure to Deliver After Deposit of Margins Prima Facie Evidence of Void Contract.
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Section 8-1-123
Failure to deliver after deposit of margins prima facie evidence of void contract.
Proof that anything of value agreed to be sold and delivered was not actually delivered at the time of making the agreement to sell and deliver and that one of the parties to such agreement deposited or secured, or agreed to deposit or secure, what are commonly called "margins" shall constitute prima facie evidence of a contract declared void by this article.
(Code 1907, §3351; Acts 1915, No. 791, p. 913; Code 1923, §6819; Code 1940, T. 9, §33.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-124/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-124 - Contracts for Future Delivery of Cotton Not Made Subject to Federal Statutes Prima...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-124 - Contracts for Future Delivery of Cotton Not Made Subject to Federal Statutes Prima Facie Evidence of Void Contract.
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Section 8-1-124
Contracts for future delivery of cotton not made subject to federal statutes prima facie evidence of void contract.
Proof of the fact that any contract for the future delivery of cotton was not made subject to the provisions of any federal statute relating thereto, including such amendments as may hereafter be made to such statutes by Congress, shall be prima facie evidence of an illegal contract declared void by this article.
(Acts 1915, No. 791, p. 913; Code 1940, T. 9, §33.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-125/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-125 - Making or Assisting in Making Contract for Future Delivery When Actual Delivery No...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-125 - Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Profit Intended to Be Paid in Money on Day of Delivery.
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Section 8-1-125
Making or assisting in making contract for future delivery when actual delivery not intended - Profit intended to be paid in money on day of delivery.
If any person shall become a party to any contract for the sale and future delivery of any article or personal property in which it is not intended by the parties thereto that such property shall be actually delivered, but rather the difference between the contract price and the market price on the day of delivery shall be paid in money, if any person shall be the agent, directly or indirectly, of any such party in making, furthering, or effectuating the same, or if any agent or officer of any corporation shall knowingly aid in any way or manner in making or furthering any such contract to which such corporation shall be a party, he shall be guilty of a misdemeanor and on conviction shall be fined not less than $100 nor more than $500, and may be sentenced to hard labor for not less than one month nor more than six months.
(Code 1907, §6473; Code 1923, §3576; Code 1940, T. 9, §35.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-126/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-126 - Making or Assisting in Making Contract for Future Delivery When Actual Delivery No...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-126 - Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Price Based on Bona Fide Sales on Exchange or Board of Trade Without Making Execution on Exchange or Board of Trade.
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Section 8-1-126
Making or assisting in making contract for future delivery when actual delivery not intended - Price based on bona fide sales on exchange or board of trade without making execution on exchange or board of trade.
(a) Any person, either as agent or principal, who enters into or assists in making any contract of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein no delivery is intended by the parties thereto, and uses as a basis for fixing the price or prices in such contract the bona fide sales made on any exchange or board of trade, without making a bona fide execution of such contract on such exchange or board of trade, shall be guilty of a misdemeanor.
(b) Upon conviction thereof, such a person shall be fined in a sum not to exceed $1,000 or be imprisoned in the county jail not exceeding two years, and any person or persons who shall be guilty of a second offense under this section may be, upon conviction, both fined and imprisoned, in the discretion of the court, in addition to the penalty above described, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such.
(c) The continuance of such establishment after the first conviction shall be deemed a second offense.
(Acts 1915, No. 791, p. 913; Code 1923, §3577; Code 1940, T. 9, §36.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-127 - Futures Contracts Made in Another State.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-127 - Futures Contracts Made in Another State.
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Section 8-1-127
Futures contracts made in another state.
If any person shall consent while in this state to become a party to any futures contract contrary to Section 8-1-126, made in another state, or if any person shall become, as agent of any person or corporation, a party to any such contract made in another state or in this state do any act or in any way aid in the making or furthering such contract so made in another state, he shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $50 nor more than $200 and may be sentenced to hard labor for not less than one month nor more than six months.
(Code 1907, §6474; Code 1923, §3578; Code 1940, T. 9, §37.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-128/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-128 - Establishing Office to Engage in Business of "Futures".
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-128 - Establishing Office to Engage in Business of "Futures".
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Section 8-1-128
Establishing office to engage in business of "futures".
If any person, corporation or other association of persons, either as principals or agents, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, Indian corn, wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee, stocks, bonds, or choses in action at a place and a time specified and agreed upon therein to any other person, whether the person to whom such article is so agreed to be sold and delivered shall be a party to such contract or not, when in fact and notwithstanding the terms expressed in such contracts it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered or the value thereof paid, but rather it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and delivered is greater or less at the time and place so specified than the price stipulated to be paid and received for the articles so to be sold and delivered, or for making contracts commonly called "futures," as to the several articles and things hereinbefore specified, or any of them, by whatever name called, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 and may be sentenced to hard labor for not less than one month, and upon a second conviction, he shall be fined not less than $500 and sentenced to hard labor for not less than six months.
(Code 1907, §6475; Code 1923, §3579; Code 1940, T. 9, §38.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-129/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-129 - Proof of Establishment of Place to Publish Commodities Information Prima Facie Evi...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-129 - Proof of Establishment of Place to Publish Commodities Information Prima Facie Evidence of Guilt.
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Section 8-1-129
Proof of establishment of place to publish commodities information prima facie evidence of guilt.
Proof that any person, corporation, or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stocks, bonds, and other commodities or of any one or more of the same shall constitute prima facie evidence of being guilty of violating this article.
(Code 1907, §6477; Code 1923, §3581; Code 1940, T. 9, §40.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-7/section-8-1-130/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-130 - Persons Involved in Futures Contracts Not Excused From Testifying; Participation P...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-130 - Persons Involved in Futures Contracts Not Excused From Testifying; Participation Prima Facie Evidence of Guilt.
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Section 8-1-130
Persons involved in futures contracts not excused from testifying; participation prima facie evidence of guilt.
(a) No person shall be excused on any prosecution under this article from testifying touching anything done by himself or others contrary to the provisions of this article; but no disclosures made by the witness upon such examination shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done or participated in by him.
(b) In all such prosecutions proof that the defendant was a party to a contract as agent or principal to sell and deliver any article, thing or property specified or named in this article, that he was agent, directly or indirectly, of any party in making, furthering, or effectuating the same, or that he was the agent or officer of any corporation or association or person in making, furthering, or effectuating the same and that the article, thing, or property agreed to be sold and delivered was not actually delivered and that settlement was made or agreed to be made upon the difference in value of such article, thing, or property shall constitute against such defendant prima facie evidence of guilt.
(Code 1907, §6476; Code 1923, §3580; Code 1940, T. 9, §39.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 7 - Future Delivery.›Section 8-1-131 - Money Paid on Illegal Contract May Be Recovered.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 7 - Future Delivery. › Section 8-1-131 - Money Paid on Illegal Contract May Be Recovered.
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Section 8-1-131
Money paid on illegal contract may be recovered.
Any money or thing paid or delivered to any person whether as principal, agent, or broker in furtherance or settlement of any contract made in violation of this article may be recovered in any action brought by the person paying the same, his wife, or child.
(Code 1907, §3353; Code 1923, §6820; Code 1940, T. 9, §34.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 8 - Gaming and Wagering.›Section 8-1-150 - Contracts Founded Upon Gambling Consideration Void; Recovery of Money Paid or Thin...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 8 - Gaming and Wagering. › Section 8-1-150 - Contracts Founded Upon Gambling Consideration Void; Recovery of Money Paid or Things of Value Delivered.
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Section 8-1-150
Contracts founded upon gambling consideration void; recovery of money paid or things of value delivered.
(a) All contracts founded in whole or in part on a gambling consideration are void. Any person who has paid any money or delivered any thing of value lost upon any game or wager may recover such money, thing, or its value by an action commenced within six months from the time of such payment or delivery.
(b) Any other person may also recover the amount of such money, thing, or its value by an action commenced within 12 months after the payment or delivery thereof for the use of the wife or, if no wife, the children or, if no children, the next of kin of the loser.
(c) A judgment under either subsection (a) or (b) for the amount of money paid, thing delivered, or its value is a good defense to any action brought for such money, thing, or its value under the provisions of the other subsection.
(d) A judgment recovered under the provisions of this section is a defense to any proceeding on any garnishment served after the recovery of such judgment, and the court may make any order staying proceedings as may be necessary to protect the rights of the defendant.
(Code 1852, §§1562-1564, 1567; Code 1867, §§1874-1876, 1879; Code 1876, §§2131-2133, 2136; Code 1886, §§1742-1744, 1747; Code 1896, §§2163-2165, 2168; Code 1907, §§3338-3340, 3343; Code 1923, §§6808-6810, 6813; Code 1940, T. 9, §§44-46, 49.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 8 - Gaming and Wagering.›Section 8-1-151 - Creditor of Losing Party Under Gambling Contract May Garnish Winner.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 8 - Gaming and Wagering. › Section 8-1-151 - Creditor of Losing Party Under Gambling Contract May Garnish Winner.
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Section 8-1-151
Creditor of losing party under gambling contract may garnish winner.
(a) Any creditor of a losing party under a gambling contract may garnish the winner as other debtors are garnished at any time within two years from the payment of such money or delivery of such thing, and if such garnishee fails to appear, judgment may be entered against him as against other garnishees failing to answer, but the answer of a garnishee shall not be evidence against him in a criminal prosecution.
(b) A judgment recovered by a creditor under the provisions of this section is a defense to any action brought by any person under the provisions of Section 8-1-150.
(Code 1852, §§1565, 1566; Code 1867, §§1877, 1878; Code 1876, §§2134, 2135; Code 1886, §§1745, 1746; Code 1896, §§2166, 2167; Code 1907, §§3341, 3342; Code 1923, §§6811, 6812; Code 1940, T. 9, §§47, 48.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-8/section-8-1-152/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 8 - Gaming and Wagering.›Section 8-1-152 - Answers in Actions Under Article Not to Be Used in Criminal Prosecutions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 8 - Gaming and Wagering. › Section 8-1-152 - Answers in Actions Under Article Not to Be Used in Criminal Prosecutions.
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Section 8-1-152
Answers in actions under article not to be used in criminal prosecutions.
In any action brought under the provisions of this article either party may be examined on interrogatories as in other cases, but the answer of the party cannot be used against him in any criminal prosecution.
(Code 1852, §1570; Code 1867, §1881; Code 1876, §2137; Code 1886, §1748; Code 1896, §2169; Code 1907, §3344; Code 1923, §6814; Code 1940, T. 9, §50.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-9/section-8-1-170/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 9 - Insane Persons.›Section 8-1-170 - Contracts of Insane Person Void; Exceptions; Liability for Necessaries Furnished.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 9 - Insane Persons. › Section 8-1-170 - Contracts of Insane Person Void; Exceptions; Liability for Necessaries Furnished.
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Section 8-1-170
Contracts of insane person void; exceptions; liability for necessaries furnished.
Except as provided in Sections 8-1-171 and 8-1-172, and contracts of fire and tornado insurance wherein the insane person is the beneficiary, all contracts of an insane person are void; but he and his estate shall be liable for necessaries furnished him, which may be recovered upon the same proof and upon the same conditions as if furnished to an infant.
(Code 1907, §3348; Code 1923, §6824; Acts 1935, No. 224, p. 616; Code 1940, T. 9, §43.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-9/section-8-1-171/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 9 - Insane Persons.›Section 8-1-171 - Conveyance of Real Estate by Insane Person Not Void if Made in Good Faith.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 9 - Insane Persons. › Section 8-1-171 - Conveyance of Real Estate by Insane Person Not Void if Made in Good Faith.
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Section 8-1-171
Conveyance of real estate by insane person not void if made in good faith.
(a) Whenever any person shall purchase in good faith and for a valuable consideration real estate from an insane person without notice of such insanity, such contract and conveyance shall not be void; but such insane person may recover from the vendee, or those claiming under him, the difference between the market value of such real estate at the time of the sale and the price paid therefor, with interest thereon, and shall have a lien on such real estate to secure the same.
(b) Purchasers from such vendee without notice of the insanity of the original vendor shall be protected in like manner and have the benefits of this section.
(Code 1907, §3347; Code 1923, §6822; Code 1940, T. 9, §41.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 9 - Insane Persons.›Section 8-1-172 - Mortgage Taken in Good Faith on Real Estate of Insane Person Not Void.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 9 - Insane Persons. › Section 8-1-172 - Mortgage Taken in Good Faith on Real Estate of Insane Person Not Void.
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Section 8-1-172
Mortgage taken in good faith on real estate of insane person not void.
(a) When any person shall in good faith take a mortgage on real estate from an insane person without notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem the property so mortgaged at any time prior to a foreclosure by paying to the mortgagee the amount actually received by the insane person at the time of executing the mortgage, or any balance due thereon, with interest thereon to the date of redemption.
(b) If the mortgage shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure sale, or those claiming under the vendee, at any time within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or at any time within one year from foreclosure for all other property, by paying to the vendee, or those claiming under the vendee, the amount which the vendee at the mortgage foreclosure sale actually paid at the sale for the property, with interest thereon at the rate of eight percent per annum to the date of redemption, together with all lawful charges as provided for by law.
(Code 1923, §6823; Code 1940, T. 9, §42; Act 2015-79, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-190/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-190 - Void Contracts; Contracts Allowed to Preserve Protectable Interests.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-190 - Void Contracts; Contracts Allowed to Preserve Protectable Interests.
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Section 8-1-190
Void contracts; contracts allowed to preserve protectable interests.
(a) Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise than is provided by this section is to that extent void.
(b) Except as otherwise prohibited by law, the following contracts are allowed to preserve a protectable interest:
(1) A contract between two or more persons or businesses or a person and a business limiting their ability to hire or employ the agent, servant, or employees of a party to the contract where the agent, servant, or employee holds a position uniquely essential to the management, organization, or service of the business.
(2) An agreement between two or more persons or businesses or a person and a business to limit commercial dealings to each other.
(3) One who sells the good will of a business may agree with the buyer to refrain from carrying on or engaging in a similar business and from soliciting customers of such business within a specified geographic area so long as the buyer, or any entity deriving title to the good will from that business, carries on a like business therein, subject to reasonable time and place restraints. Restraints of one year or less are presumed to be reasonable.
(4) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from carrying on or engaging in a similar business within a specified geographic area so long as the commercial entity carries on a like business therein, subject to reasonable restraints of time and place. Restraints of two years or less are presumed to be reasonable.
(5) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from soliciting current customers, so long as the commercial entity carries on a like business, subject to reasonable time restraints. Restraints of 18 months or for as long as post-separation consideration is paid for such agreement, whichever is greater, are presumed to be reasonable.
(6) Upon or in anticipation of a dissolution of a commercial entity, partners, owners, or members, or any combination thereof, may agree that none of them will carry on a similar commercial activity in the geographic area where the commercial activity has been transacted.
(Act 2015-465, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-191/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-191 - Protectable Interests.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-191 - Protectable Interests.
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Section 8-1-191
Protectable interests.
(a) A protectable interest includes all of the following:
(1) Trade secrets, as defined in Section 8-27-2.
(2) Confidential information, including, but not limited to, pricing information and methodology; compensation; customer lists; customer data and information; mailing lists; prospective customer information; financial and investment information; management and marketing plans; business strategy, technique, and methodology; business models and data; processes and procedures; and company provided files, software, code, reports, documents, manuals, and forms used in the business that may not otherwise qualify as a trade secret but which are treated as confidential to the business entity, in whatever medium provided or preserved, such as in writing or stored electronically.
(3) Commercial relationships or contacts with specific prospective or existing customers, patients, vendors, or clients.
(4) Customer, patient, vendor, or client good will associated with any of the following:
a. An ongoing business, franchise, commercial, or professional practice, or trade dress.
b. A specific marketing or trade area.
(5) Specialized and unique training involving substantial business expenditure specifically directed to a particular agent, servant, or employee; provided that such training is specifically set forth in writing as the consideration for the restraint.
(b) Job skills in and of themselves, without more, are not protectable interests.
(Act 2015-465, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-192/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-192 - Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-192 - Requirements.
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Section 8-1-192
Requirements.
In order to be valid, any contract or agreement executed pursuant to this article shall be reduced to writing, signed by all parties, and be supported by adequate consideration.
(Act 2015-465, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-193/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-193 - Voidable Restraints.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-193 - Voidable Restraints.
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Section 8-1-193
Voidable restraints.
If a contractually specified restraint is overly broad or unreasonable in its duration, a court may void the restraint in part and reform it to preserve the protectable interest or interests. If a contractually specified restraint does not fall within the limited exceptions set out in subsection (b) of Section 8-1-190, a court may void the restraint in its entirety.
(Act 2015-465, §4)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-194/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-194 - Burden of Proof.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-194 - Burden of Proof.
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Section 8-1-194
Burden of proof.
The party seeking enforcement of the covenant has the burden of proof on every element. The party resisting enforcement of the covenant has the burden of proving the existence of undue hardship, if raised as a defense.
(Act 2015-465, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-195/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-195 - Remedies and Defenses.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-195 - Remedies and Defenses.
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Section 8-1-195
Remedies and defenses.
(a) The remedies available for breach of an agreement subject to this article are:
(1) Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach.
(2) The actual damages suffered as a result of the breach or lawful liquidated damages if provided in the contract.
(3) Any remedies available in contract law, including attorneys' fees or costs, if provided for in the contract or otherwise provided for by law.
(b) Nothing in this article shall limit the availability of any defense otherwise available in law or equity.
(Act 2015-465, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-196/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-196 - Professional Exemptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-196 - Professional Exemptions.
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Section 8-1-196
Professional exemptions.
Nothing in this article shall be construed to eliminate any professional exemption recognized by Alabama law.
(Act 2015-465, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-10/section-8-1-197/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 10 - Restrictive Covenants,›Section 8-1-197 - Legislative Intent; Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-197 - Legislative Intent; Application.
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Section 8-1-197
Legislative intent; application.
It is hereby declared that this article expresses fundamental public policies of the State of Alabama. Therefore, this article shall govern and shall be applied instead of any foreign laws that might otherwise be applicable in those instances when the application of those foreign laws would violate a fundamental public policy expressed in this article.
(Act 2015-465, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-220/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-220 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-220 - Short Title.
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Section 8-1-220
Short title.
This article shall be known and may be cited as the Alabama Non-Disparagement Obligations Act.
(Act 2021-503, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-221/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-221 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-221 - Definitions.
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Section 8-1-221
Definitions.
As used in this article, the following terms shall have the following meanings:
(1) COVERED CONTRACT. Any written employment separation, termination, or post-employment settlement or release agreement written solely for that purpose; any written business relationship termination agreement written solely for that purpose; and any written settlement between parties to a legal dispute written solely for that purpose, whether before, during, or after litigation, and the provisions thereof.
(2) DISPARAGING STATEMENT. Any statement that does any of the following:
a. Discredits or detracts from the reputation of a person's property, product, services, or business.
b. Diminishes or depreciates a person by direct or indirect comparisons to anything invidious, scandalous, criminal, or loathsome.
c. Raises doubts or questions about the quality, integrity, honesty, or character of a person or the person's affiliations.
d. Discredits or detracts from the reputation of another's character, property, product, or business by disclosing truthful but private information.
e. Discredits or detracts from the reputation of another's character, property, product, or business by disclosing truthful, but non-public information, or information gained within the context of a fiduciary relationship between the parties not otherwise protected by a trade secret statute.
f. Is knowingly or recklessly made by a party that has clear and direct information that the statement was plainly false or misleading by its unreasonable incompleteness and that the communication of the misleading information would cause specific loss.
(3) LIQUIDATED DAMAGES. The dollar sum that the parties have by the covered contract fixed or assessed as damages to be paid as compensation for a breach of contract.
(4) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, government subdivision, agency, or instrumentality, or any other legal or commercial entity.
(5) STATEMENT. Spoken words, remarks, comments, publications, opinions, and other expressions delivered orally, in writing, or through websites, blogs, postings to the Internet, emails, texts, or by other electronic means, whether done publicly or privately in one's own name, anonymously, or through the use of a pseudonym.
(Act 2021-503, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-222/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-222 - Validity and Enforceability of Non-Disparagement Obligations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-222 - Validity and Enforceability of Non-Disparagement Obligations.
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Section 8-1-222
Validity and enforceability of non-disparagement obligations.
(a) Non-disparagement obligations in covered contracts, whether unilateral, bilateral, or multilateral, shall be valid and enforceable for any period of time agreed to by the parties.
(b) Except as otherwise prohibited by law, any covered contract between two or more persons or parties obligating one or more parties to the covered contract not to disparage one or more other parties to the covered contract is only enforceable by a civil action where all of the following elements are present:
(1) The covered contract contains language prohibiting one or more of the parties from disparaging one or more of the other parties, and may include specifically named individuals who are affiliated with, are employed by, or are owners of one or more of the parties.
(2) A disparaging statement is made by the person or party who is obligated not to make such statements.
(3) Either of the following occur:
a. The communication of the disparaging statement proximately results in identifiable damage to the plaintiff.
b. The terms of the covered contract automatically activate a liquidated damages provision, as defined in Section 8-1-221.
(c) Nothing in this article creates any cause of action for disparagement at law or equity absent a written non-disparagement obligation in the covered contract between the parties.
(d) Nothing in this article has any effect on any other term, condition, or covenant in a covered contract that is not specifically stated in this article.
(e) Nothing in this article prevents parties from having bilateral, unilateral, or multilateral non-disparagement obligations in other contracts, including, but not limited to, nondisclosure agreements.
(Act 2021-503, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-223/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-223 - Contracts to Be in Writing, Signed, and Supported by Adequate Consideration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-223 - Contracts to Be in Writing, Signed, and Supported by Adequate Consideration.
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Section 8-1-223
Contracts to be in writing, signed, and supported by adequate consideration.
In order to be valid and enforceable, a covered contract shall be in writing, signed by all parties, and supported by adequate consideration.
(Act 2021-503, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-224/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-224 - Liability for Breach of Non-Disparagement Obligation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-224 - Liability for Breach of Non-Disparagement Obligation.
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Section 8-1-224
Liability for breach of non-disparagement obligation.
In order to be enforceable, a covered contract shall state in writing that the obligated party may not be held liable for breach of the non-disparagement obligation if the obligated party makes an otherwise disparaging statement in good faith and solely for any of the following purposes:
(1) To communicate with a law enforcement officer acting within the line and scope of the officer's law enforcement duties that a violation of the law has occurred or is occurring.
(2) To communicate with a government regulator acting within the line and scope of the regulator's regulatory duties that a violation of the law has occurred or is occurring.
(3) To respond to a lawfully served judicial, grand jury, or other lawful subpoena.
(4) To testify in a judicial or administrative proceeding in response to a lawfully served subpoena or an order of a court of competent jurisdiction.
(5) To confer with the obligated party's attorney for the purpose of obtaining legal advice or representation.
(6) To respond to lawful discovery in a judicial or administrative action; provided the disparaging statement is either ordered by a court of competent jurisdiction or made in compliance with a protective order entered by the same court.
(7) To prosecute or defend a civil action between or among parties to a covered contract; provided the party making the disparaging statement attempts to and, if permitted by law, does file the disparaging statement and any related pleading under seal or in compliance with a protective order entered by a court of competent jurisdiction in the civil action.
(8) To exercise federally protected statutory rights, including, but not limited to, the exercise of rights under the National Labor Relations Act or the Civil Rights Act of 1964, as amended.
(Act 2021-503, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-225/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-225 - Enforcement Requirements; Sealing of Pleadings and Motions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-225 - Enforcement Requirements; Sealing of Pleadings and Motions.
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Section 8-1-225
Enforcement requirements; sealing of pleadings and motions.
(a) A covered contract containing a non-disparagement obligation in writing requires the parties to the covered contract to file under seal all initial and responsive pleadings and motions, including, but not limited to, motions under Alabama Rule of Civil Procedure 65 seeking enforcement of a covered contract.
(b) A court of competent jurisdiction may exercise its judgment regarding what, if any, filings filed under seal pursuant to this section must remain under seal. In making this judgment, the court shall consider the extent to which unsealing any or all parts of the record would cause, perpetuate, or increase any injury to any of the litigants or related third parties.
(c) If any party files a motion to seal the pleadings, motions, or other filings associated with a claim under this article, the court shall seal or continue to seal the pleadings, motions, or other filings absent a showing by the non-moving party of a compelling public interest to partially or completely unseal the pleadings, motions, or other filings.
(d) To the extent allowed by law, the parties may include in a covered contract a requirement that notice be provided prior to providing to outside third parties information protected under this article.
(e) In a civil action for breach of a covered contract in which the only damage pleaded and requested by the plaintiff is liquidated damages, there shall be no required proof of actual damage. As used in this subsection, a request for an award of attorneys' fees, costs, and expenses is not considered damages or liquidated damages.
(Act 2021-503, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-226/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-226 - Severability of Unenforceable Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-226 - Severability of Unenforceable Provisions.
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Section 8-1-226
Severability of unenforceable provisions.
In the event any provision or provisions of a covered contract are found by a court of competent jurisdiction to be unenforceable as a matter of law, such provisions shall be severable from the covered contract and shall not affect the enforceability of the remainder of the covered contract.
(Act 2021-503, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-227/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-227 - Applicability of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-227 - Applicability of Article.
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Section 8-1-227
Applicability of article.
(a) Nothing in this article affects any defense or immunity otherwise available under applicable law.
(b) Nothing in this article shall reduce, void, or diminish any obligations or contractual obligations of any kind or nature between shareholders, owners, members, and officers of any entity that is governed by Title 10A.
(c) Parties to a covered contract may disclaim the applicability of this article to their covered contract and thereby make this article inapplicable to their otherwise covered contract, provided the disclaimer expressly and plainly states that the parties to the covered contract are knowingly waiving this article.
(d) If the parties exercise the right to disclaim the provisions of this article under subsection (c), this article shall not be the basis for any interpretation or determination of enforceability of any of the provisions of the otherwise covered contract entered into by the parties.
(Act 2021-503, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-228/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-228 - Affirmative Defenses.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-228 - Affirmative Defenses.
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Section 8-1-228
Affirmative defenses.
(a) In an action for breach of a contract governed by this article when actual damages are sought, a defendant may assert affirmative defenses available under the law.
(b) If actual damages are sought, the defendant may also assert the following additional affirmative defenses:
(1) The disparaging statement was made in good faith.
(2) The disparaging statement was made by mistake.
(3) The disparaging statement caused no harm to the plaintiff.
(4) The disparaging statement was retracted in such a way as to eliminate or reduce the harm to the plaintiff.
(c) Unless it is specifically provided in the covered contract, none of the additional affirmative defenses apply to negate or diminish the effects or full enforcement of a liquidated damages provision in the covered contract.
(Act 2021-503, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-229/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-229 - Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-229 - Remedies.
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Section 8-1-229
Remedies.
Upon a finding of whether there has been a breach of a contract governed by this article, the court may order and award any of the following:
(1) Injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach.
(2) The actual damages recoverable under existing law that are suffered as a result of the breach of contract.
(3) Liquidated damages, but only if provided for in the covered contract.
(4) Reasonable attorney's fees and costs, but only if provided for in the covered contract.
(Act 2021-503, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-1/article-11/section-8-1-230/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1 - Contracts.›Article 11 - Alabama Non-Disparagement Obligations Contract.›Section 8-1-230 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Ef...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-230 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective January 1, 2022 This Is Not in the Current Code Supplement.
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Section 8-1-230
Prospective application.
Nothing in this article shall affect any agreement executed prior to January 1, 2022.
(Act 2021-503, §11.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-1 - Short Title.
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Section 8-1A-1
Short title.
This chapter may be cited as the Uniform Electronic Transactions Act.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-2 - Definitions.
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Section 8-1A-2
Definitions.
As used in this chapter, each of the following words have the following meanings:
(1) AGREEMENT. The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(2) AUTOMATED TRANSACTION. A transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(3) COMPUTER PROGRAM. A set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(4) CONSUMER. An individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
(5) CONTRACT. The total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.
(6) ELECTRONIC. Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic, or similar capabilities.
(7) ELECTRONIC AGENT. A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
(8) ELECTRONIC RECORD. A record created, generated, sent, communicated, received, or stored by electronic means.
(9) ELECTRONIC SIGNATURE. An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(10) GOVERNMENTAL AGENCY. An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(11) INFORMATION. Data, text, images, sounds, codes, computer programs, software, databases, or the like.
(12) INFORMATION PROCESSING SYSTEM. An electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(13) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(14) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(15) SECURITY PROCEDURE. A procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(16) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
(17) TRANSACTION. An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
(Act 2001-458, p. 597, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-3 - Scope.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-3 - Scope.
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Section 8-1A-3
Scope.
(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by any of the following:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts.
(2) Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2, and Article 2A.
(3) A statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law.
(c) This chapter does not apply to any of the following:
(1) Court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.
(2) Any notice of any of the following:
a. The cancellation or termination of utility services, including water, heat, and power.
b. Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual.
c. The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities.
d. Recall of a product, or material failure of a product, that risks endangering health or safety.
(3) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) or (c) to the extent it is governed by a law other than those specified in subsection (b) or (c).
(e) A transaction subject to this chapter is also subject to other applicable substantive law.
(f) A governmental agency which is a party to a transaction subject to this chapter is also further subject to both of the following:
(1) The records retention requirements for state government records established by the State Records Commission.
(2) The records retention requirements for local government records established by the Local Government Records Commission.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-4 - Prospective Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-4 - Prospective Application.
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Section 8-1A-4
Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002.
(Act 2001-458, p. 597, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-5 - Use of Electronic Records and Electronic Signatures; Variation by Agreement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-5 - Use of Electronic Records and Electronic Signatures; Variation by Agreement.
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Section 8-1A-5
Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-6 - Construction and Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-6 - Construction and Application.
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Section 8-1A-6
Construction and application.
This chapter shall be construed and applied in each of the following manners:
(1) To facilitate electronic transactions consistent with other applicable law.
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices.
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Act 2001-458, p. 597, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-7 - Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Cont...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-7 - Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts.
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Section 8-1A-7
Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-8 - Provision of Information in Writing; Presentation of Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-8 - Provision of Information in Writing; Presentation of Records.
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Section 8-1A-8
Provision of information in writing; presentation of records.
(a) Subject to subsection (e), if parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:
(1) The record shall be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in subdivision (2) of subsection (d), the record shall be sent, communicated, or transmitted by the method specified in the other law.
(3) The record shall contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but both of the following apply:
(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement.
(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
(e)(1) If a statute, regulation, or other rule of law requires that information relating to a transaction or transactions be provided or made available to a consumer in writing, the use of an electronic record to provide or make available, whichever is required, such information satisfies the requirement that such information be in writing if each of the following is met:
a. The consumer has affirmatively consented to such use and has not withdrawn such consent.
b. The consumer, prior to consenting, is provided with a clear and conspicuous statement that does all of the following:
1. Informs the consumer of both of the following:
(i) Any right or option of the consumer to have the record provided or made available on paper or in nonelectronic form.
(ii) The right of the consumer to withdraw the consent to have the record provided or made available in an electronic form and of any conditions, consequences (which may include termination of the parties' relationship), or fees in the event of such withdrawal.
2. Informs the consumer of whether the consent applies:
(i) Only to the particular transaction which gave rise to the obligation to provide the record.
(ii) To identified categories of records that may be provided or made available during the course of the parties' relationship.
3. Describes the procedures the consumer shall use to withdraw consent as provided in subparagraph 1. of paragraph b. of subdivision (1) of this subsection and to update information needed to contact the consumer electronically.
4. Informs the consumer:
(i) How, after the consent, the consumer, upon request, may obtain a paper copy of an electronic record.
(ii) Whether any fee will be charged for such copy.
c. If, with respect to the consumer, both of the following occur:
1. Prior to consenting, the consumer is provided with a statement of the hardware and software requirements for access to and retention of the electronic records.
2. The consumer consents electronically, or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent.
d. After the consent of a consumer in accordance with paragraph a. of subdivision (1) of this subsection, if a change in the hardware or software requirements needed to access or retain electronic records creates a material risk that the consumer will not be able to access or retain a subsequent electronic record that was the subject of the consent, the person providing the electronic record:
1. Provides the consumer with a statement of (i) the revised hardware and software requirements for access to and retention of the electronic records, and (ii) the right to withdraw consent without the imposition of any fees for such withdrawal and without the imposition of any condition or consequence that was not disclosed under subparagraph 1. of paragraph b. of subdivision (1) of this subsection.
2. Again complies with paragraph c. of subdivision (1) of this subsection.
(2) a. Nothing in this chapter affects the content or timing of any disclosure or other record required to be provided or made available to any consumer under any statute, regulation, or other rule of law.
b. If a law that was enacted prior to this chapter expressly requires a record to be provided or made available by a specified method that requires verification or acknowledgment of receipt, the record may be provided or made available electronically only if the method used provides verification or acknowledgment of receipt, whichever is required.
(3) The legal effectiveness, validity, or enforceability of any contract executed by a consumer shall not be denied solely because of the failure to obtain electronic consent or confirmation of consent by that consumer in accordance with subparagraph 2. of paragraph c. of subdivision (1) of this subsection.
(4) Withdrawal of consent by a consumer shall not affect the legal effectiveness, validity, or enforceability of electronic records provided or made available to that consumer in accordance with subdivision (1) prior to implementation of the consumer's withdrawal of consent. A consumer's withdrawal of consent shall be effective within a reasonable period of time after receipt of the withdrawal by the provider of the record. Failure to comply with paragraph d. of subdivision (1) of this subsection may, at the election of the consumer, be treated as a withdrawal of consent for purposes of this subdivision.
(5) This subsection does not apply to any records that are provided or made available to a consumer who has consented prior to January 1, 2002, to receive such records in electronic form as permitted by any statute, regulation, or other rule of law.
(6) An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this subsection except as otherwise provided under applicable law.
(Act 2001-458, p. 597, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-9 - Attribution and Effect of Electronic Record and Electronic Signature.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-9 - Attribution and Effect of Electronic Record and Electronic Signature.
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Section 8-1A-9
Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
(Act 2001-458, p. 597, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-10 - Effect of Change or Error.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-10 - Effect of Change or Error.
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Section 8-1A-10
Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual meets the following requirements:
a. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
b. Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.
c. Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) may not be varied by agreement.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-11 - Notarization and Acknowledgment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-11 - Notarization and Acknowledgment.
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Section 8-1A-11
Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-12 - Retention of Electronic Records; Originals.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-12 - Retention of Electronic Records; Originals.
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Section 8-1A-12
Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which meets the following requirements:
(1) Accurately reflects the information set forth in the record as it was first generated in final form as an electronic record or otherwise.
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude the State Records Commission, Local Government Records Commission, or other governmental agency of this state from specifying additional requirements for the retention by the agency of a record subject to the agency's jurisdiction. The State Records Commission and the Local Government Records Commission may promulgate records retention standards for state and local government agencies to follow in compliance with this chapter.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-13 - Admissibility in Evidence.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-13 - Admissibility in Evidence.
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Section 8-1A-13
Admissibility in evidence.
(a) In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
(b) In determining the attribution and authenticity or evidentiary weight of an electronic record or signature, the trier of fact may consider, along with any other relevant and probative evidence, proof of the efficacy of any security procedure applied. This may include a showing that the procedure: (1) uniquely identifies the signer or creator of the record; (2) prevents others from using the same identifier; and/or (3) provides a mechanism for determining whether the data contained in the record was changed after it was created or signed. Evidence bearing on the means and the reliability with which the procedure performs these functions may also be considered.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-14 - Automated Transaction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-14 - Automated Transaction.
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Section 8-1A-14
Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-15 - Time and Place of Sending and Receipt.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-15 - Time and Place of Sending and Receipt.
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Section 8-1A-15
Time and place of sending and receipt.
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record meets all of the following requirements:
(1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by that system.
(3) The record enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when the record meets the following requirements:
(1) The record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-16 - Transferable Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-16 - Transferable Records.
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Section 8-1A-16
Transferable records.
(a) In this section, "transferable record" means an electronic record that meets the following criteria:
(1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing.
(2) The issuer of the electronic record expressly has agreed is a transferable record.
(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.
(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that all of the following occur:
(1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable.
(2) The authoritative copy identifies the person asserting control as:
a. The person to which the transferable record was issued; or
b. If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred.
(3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian.
(4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control.
(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy.
(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision (20) of Section 7-1-201 of the Uniform Commercial Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under subsection (a) of Section 7-3-302, Section 7-7-501, or Section 7-9-308 of the Uniform Commercial Code or Section 5-19-5 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.
(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-17 - Creation and Retention of Electronic Records; Conversion of Written Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-17 - Creation and Retention of Electronic Records; Conversion of Written Records.
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Section 8-1A-17
Creation and retention of electronic records; conversion of written records.
(a) The Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
(b) The governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall create and retain electronic records and convert written records to electronic records.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-18 - Acceptance and Distribution of Electronic Records and Electronic Signatures.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-18 - Acceptance and Distribution of Electronic Records and Electronic Signatures.
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Section 8-1A-18
Acceptance and distribution of electronic records and electronic signatures.
(a)(1) Except as otherwise provided in subsection (f) of Section 8-1A-12, the Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2) Except as otherwise provided in subsection (f) of Section 8-1A-12, the governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify each of the following:
(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes.
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process.
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
(c) Except as otherwise provided in subsection (f) of Section 8-1A-12, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-19 - Interoperability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-19 - Interoperability.
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Section 8-1A-19
Interoperability.
(a) A governmental agency of this state which adopts standards pursuant to Section 8-1A-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
(b) The Alabama Office of Information Technology, by rule, may provide a procedure for any agency under the purview of the office to create and retain electronic records, convert written records to electronic records, and accept electronic signatures. The rule shall satisfy the requirements of Sections 8-1A-17 and 8-1A-18, shall be permissive, and may not repeal or alter any existing or future agency rules relating to electronic signatures or electronic records.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-1a/section-8-1a-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 1A - Uniform Electronic Transactions Act.›Section 8-1A-20 - Severability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-20 - Severability.
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Section 8-1A-20
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Act 2001-458, p. 597, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-1 - Authority of Agents Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-1 - Authority of Agents Generally.
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Section 8-2-1
Authority of agents generally.
Every agent has actually such authority as is defined by this chapter, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restrictions upon his authority.
(Code 1923, §9534; Code 1940, T. 9, §68.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-2 - General Agent's Authority to Receive Price.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-2 - General Agent's Authority to Receive Price.
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Section 8-2-2
General agent's authority to receive price.
A general agent to sell who is intrusted by the principal with the possession of the thing sold has authority to receive the price.
(Code 1923, §9536; Code 1940, T. 9, §70.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-3 - Special Agent's Authority to Receive Price.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-3 - Special Agent's Authority to Receive Price.
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Section 8-2-3
Special agent's authority to receive price.
A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
(Code 1923, §9537; Code 1940, T. 9, §71.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-4 - Agent's Authority to Effect Purpose of Agency and Represent Authority.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-4 - Agent's Authority to Effect Purpose of Agency and Represent Authority.
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Section 8-2-4
Agent's authority to effect purpose of agency and represent authority.
An agent has authority to:
(1) Do everything necessary or proper and usual in the ordinary course of business for effecting the purpose of his agency; and
(2) Make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
(Code 1923, §9535; Code 1940, T. 9, §69.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-5 - Person Acting as Agent Warrants Authority He Assumes.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-5 - Person Acting as Agent Warrants Authority He Assumes.
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Section 8-2-5
Person acting as agent warrants authority he assumes.
One who assumes to act as an agent thereby warrants to all who deal with him in that capacity that he has the authority which he assumes.
(Code 1923, §9542; Code 1940, T. 9, §76.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-6 - Principal Bound by Agent's Acts Under Ostensible Authority.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-6 - Principal Bound by Agent's Acts Under Ostensible Authority.
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Section 8-2-6
Principal bound by agent's acts under ostensible authority.
A principal is bound by acts of his agent under a merely ostensible authority to those persons only who have in good faith and without want of ordinary care incurred a liability or parted with value upon the faith thereof.
(Code 1923, §9539; Code 1940, T. 9, §73.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-7 - Principal Responsible for Negligence and Omission of Agent in Transacting Agency.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-7 - Principal Responsible for Negligence and Omission of Agent in Transacting Agency.
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Section 8-2-7
Principal responsible for negligence and omission of agent in transacting agency.
Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
(Code 1923, §9541; Code 1940, T. 9, §75.)
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https://law.justia.com/codes/alabama/title-8/chapter-2/section-8-2-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 2 - Agency.›Section 8-2-8 - Both Principal and Agent Have Notice of Whatever Either Has Notice Of.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-8 - Both Principal and Agent Have Notice of Whatever Either Has Notice Of.
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Section 8-2-8
Both principal and agent have notice of whatever either has notice of.
As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.
(Code 1923, §9538; Code 1940, T. 9, §72.)
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