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https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-50/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-50 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-50 - Short Title. | Section 6-11-50
Short title.
This article shall be known and referred to as the "Structured Settlement Protection Act."
(Act 2006-628, p. 1714, §1.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-51/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-51 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-51 - Definitions. | Section 6-11-51
Definitions.
As used in this article the following words and terms shall have the following meanings:
(1) ANNUITY ISSUER. An insurer that has issued a contract to fund periodic payments under a structured settlement.
(2) DEPENDENTS. A payee's spouse and minor children and all other persons for whom the ... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-52/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-52 - Disclosure Statement. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-52 - Disclosure Statement. | Section 6-11-52
Disclosure statement.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth all of the following:
(1) The amounts and due dates of the struct... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-53/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-53 - Advanced Approval by Court Required; Hearing. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-53 - Advanced Approval by Court Required; Hearing. | Section 6-11-53
Advanced approval by court required; hearing.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment r... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-54/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-54 - Effects of Transfer of Rights. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-54 - Effects of Transfer of Rights. | Section 6-11-54
Effects of transfer of rights.
(a) Following a transfer of structured settlement payment rights under this article:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payme... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-55/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-55 - Application for Approval of Transfer; Notice. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-55 - Application for Approval of Transfer; Notice. | Section 6-11-55
Application for approval of transfer; notice.
(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or ... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-56/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-56 - Waiver; Choice of Law; Procedures for Life-Contingent Rights; Liability. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-56 - Waiver; Choice of Law; Procedures for Life-Contingent Rights; Liability. | Section 6-11-56
Waiver; choice of law; procedures for life-contingent rights; liability.
(a) The provisions of this article may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, inc... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-57/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-57 - Applicability. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-57 - Applicability. | Section 6-11-57
Applicability.
This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to ... |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-58/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-58 - Relation to Workers' Compensation Provisions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-58 - Relation to Workers' Compensation Provisions. | Section 6-11-58
Relation to workers' compensation provisions.
Nothing in this article shall be construed to apply to any settlement under the Alabama Workers' Compensation Law.
(Act 2006-628, p. 1714, §9.) |
https://law.justia.com/codes/alabama/title-6/chapter-11/article-3/section-6-11-59/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 11 - Damages.›Article 3 - Structural Settlement Protection Act.›Section 6-11-59 - Confidentiality of Settlement Terms. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 3 - Structural Settlement Protection Act. › Section 6-11-59 - Confidentiality of Settlement Terms. | Section 6-11-59
Confidentiality of settlement terms.
Nothing in this article is intended to, or shall, require or allow the disclosure, publication, or dissemination of the terms of a settlement which is confidential, whether the confidentiality is created by agreement of the parties or by order of the court, or by bot... |
https://law.justia.com/codes/alabama/title-6/chapter-12/section-6-12-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers.›Section 6-12-1 - Legislative Findings. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-1 - Legislative Findings. | Section 6-12-1
Legislative findings.
The Legislature of Alabama finds as follows:
(1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are... |
https://law.justia.com/codes/alabama/title-6/chapter-12/section-6-12-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers.›Section 6-12-2 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-2 - Definitions. | Section 6-12-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.
(2) AFFILIATE. A person who directly or indirectly owns or ... |
https://law.justia.com/codes/alabama/title-6/chapter-12/section-6-12-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers.›Section 6-12-3 - Election Between Settlement and Escrow Fund. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-3 - Election Between Settlement and Escrow Fund. | Section 6-12-3
Election between settlement and escrow fund.
(a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the following:
(1) Become a participating... |
https://law.justia.com/codes/alabama/title-6/chapter-12/section-6-12-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers.›Section 6-12-4 - Limitation on Bond Requirements in Litigation Involving Master Settlement Agreement... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12 - Escrow Fund for Certain Tobacco Product Manufacturers. › Section 6-12-4 - Limitation on Bond Requirements in Litigation Involving Master Settlement Agreement Signatories, Successors, and Affiliates. | Section 6-12-4
Limitation on bond requirements in litigation involving master settlement agreement signatories, successors, and affiliates.
(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco Master Settlement Agreement, as defi... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-1 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-1 - Short Title. | Section 6-12A-1
Short title.
This chapter may be cited as the Tobacco Master Settlement Complementary Legislation Act.
(Act 2003-372, p. 1049, §2.) |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-2 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-2 - Definitions. | Section 6-12A-2
Definitions.
For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modif... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-3 - Tobacco Product Manufacturer Certification; Directory; Stamping, Sale, or Import o... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-3 - Tobacco Product Manufacturer Certification; Directory; Stamping, Sale, or Import of Cigarettes Not in Directory. | Section 6-12A-3
Tobacco product manufacturer certification; directory; stamping, sale, or import of cigarettes not in directory.
(a) Certification. Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer, or similar intermediary or intermediaries sh... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-4 - Agent for Service of Process. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-4 - Agent for Service of Process. | Section 6-12A-4
Agent for service of process.
(a) Agent for service of process required. Any non-resident or foreign non-participating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-5 - Reporting to Commissioner; Disclosure; Escrow Fund. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-5 - Reporting to Commissioner; Disclosure; Escrow Fund. | Section 6-12A-5
Reporting to commissioner; disclosure; escrow fund.
(a) Reporting by wholesalers and distributors. Not later than 20 days after the end of each month, and more frequently if so directed by the commissioner, each wholesaler and distributor shall submit all the information the commissioner requires to fac... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-6 - Penalties; Unlawful Practices. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-6 - Penalties; Unlawful Practices. | Section 6-12A-6
Penalties; unlawful practices.
(a) Revocation of stamping privileges and civil penalty. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a wholesaler, distributor, or any person has violated subsection (c) of Section 6-12A-3, or any regulation ad... |
https://law.justia.com/codes/alabama/title-6/chapter-12a/section-6-12a-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 12A - Tobacco Master Settlement Complementary Legislation.›Section 6-12A-7 - Review; Application for Permit; Rules and Regulations; Costs and Fees; Disgorgemen... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 12A - Tobacco Master Settlement Complementary Legislation. › Section 6-12A-7 - Review; Application for Permit; Rules and Regulations; Costs and Fees; Disgorgement of Profits. | Section 6-12A-7
Review; application for permit; rules and regulations; costs and fees; disgorgement of profits.
(a) Notice and review of determination. A tobacco product manufacturer who does not agree with a determination by the commissioner to not list or to remove from the directory a brand family or tobacco product... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-101 - Short Titles. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-101 - Short Titles. | Section 7-1-101
Short titles.
(a) This title may be cited as the Uniform Commercial Code.
(b) This article may be cited as Uniform Commercial Code - General Provisions.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-102 - Scope of Article. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-102 - Scope of Article. | Section 7-1-102
Scope of article.
This article applies to a transaction to the extent that it is governed by another article of this title.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-103 - Construction of Uniform Commercial Code to Promote Its Purposes and Policies; Appl... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-103 - Construction of Uniform Commercial Code to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law. | Section 7-1-103
Construction of Uniform Commercial Code to promote its purposes and policies; applicability of supplemental principles of law.
(a) This title must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) To simplify, clarify, and modernize the law governing comm... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-104 - Construction Against Implied Repeal. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-104 - Construction Against Implied Repeal. | Section 7-1-104
Construction against implied repeal.
This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
(Prior version of this section added by Acts 1965, No... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-105 - Severability. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-105 - Severability. | Section 7-1-105
Severability.
If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-106 - Use of Singular and Plural; Gender. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-106 - Use of Singular and Plural; Gender. | Section 7-1-106
Use of singular and plural; gender.
In this title, unless the statutory context otherwise requires:
(1) Words in the singular number include the plural, and those in the plural include the singular; and
(2) Words of any gender also refer to any other gender.
(Prior version of this section added by Acts ... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-107 - Section Captions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-107 - Section Captions. | Section 7-1-107
Section captions.
Section captions are part of this title.
(Prior version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-524, p. 1070, §§1, 3; current section added by Act 2004-524, p. 1070, §1.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-108/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-108 - Relation to Electronic Signatures in Global and National Commerce Act. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-108 - Relation to Electronic Signatures in Global and National Commerce Act. | Section 7-1-108
Relation to electronic signatures in global and national commerce act.
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) ... |
https://law.justia.com/codes/alabama/title-7/article-1/part-1/section-7-1-109/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 1 - Short Title, Construction, Application and Subject Matter of the Title.›Section 7-1-109 - Section Captions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 1 - Short Title, Construction, Application and Subject Matter of the Title. › Section 7-1-109 - Section Captions. | Section 7-1-109
Section captions.
Repealed by Act 2004-524, p. 1070, effective January 1, 2005.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-201/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-201 - General Definitions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-201 - General Definitions. | Section 7-1-201
General definitions.
(a) [Reserved].
(b) Subject to additional definitions contained in the subsequent articles of this title which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this title:
(1) "Action," in the sense of a judicial proceeding, include... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-202/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-202 - Notice; Knowledge. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-202 - Notice; Knowledge. | Section 7-1-202
Notice; knowledge.
(a) Subject to subsection (f), a person has "notice" of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-203/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-203 - Lease Distinguished From Security Interest. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-203 - Lease Distinguished From Security Interest. | Section 7-1-203
Lease distinguished from security interest.
(a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case.
(b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for th... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-204/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-204 - Value. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-204 - Value. | Section 7-1-204
Value.
Except as otherwise provided in Articles 3, 4, and 5, a person gives value for rights if the person acquires them:
(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided f... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-205/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-205 - Reasonable Time; Seasonableness. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-205 - Reasonable Time; Seasonableness. | Section 7-1-205
Reasonable time; seasonableness.
(a) Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-206/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-206 - Presumptions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-206 - Presumptions. | Section 7-1-206
Presumptions.
Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
(Prior version of this section added by Acts... |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-207/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-207 - Performance or Acceptance Under Reservation of Rights. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-207 - Performance or Acceptance Under Reservation of Rights. | Section 7-1-207
Performance or acceptance under reservation of rights.
Repealed Act 2004-524, p. 1070, §1, effective January 1, 2005.
(Acts 1965, No. 549, p. 811; Acts 1995, No. 95-668, p. 1381, §4.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-2/section-7-1-208/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 2 - General Definitions and Principles of Interpretation.›Section 7-1-208 - Option to Accelerate at Will. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 2 - General Definitions and Principles of Interpretation. › Section 7-1-208 - Option to Accelerate at Will. | Section 7-1-208
Option to accelerate at will.
Repealed Act 2004-524, p. 1070, §1, effective January 1, 2005.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-301/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-301 - Territorial Applicability; Parties' Power to Choose Applicable Law. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-301 - Territorial Applicability; Parties' Power to Choose Applicable Law. | Section 7-1-301
Territorial applicability; parties' power to choose applicable law.
(a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation ... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-302/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-302 - Variation by Agreement. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-302 - Variation by Agreement. | Section 7-1-302
Variation by agreement.
(a) Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. Th... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-303/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-303 - Course of Performance, Course of Dealing, and Usage of Trade. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-303 - Course of Performance, Course of Dealing, and Usage of Trade. | Section 7-1-303
Course of performance, course of dealing, and usage of trade.
(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; an... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-304/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-304 - Obligation of Good Faith. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-304 - Obligation of Good Faith. | Section 7-1-304
Obligation of good faith.
Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
(Act 2004-524, p. 1070, §1.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-305/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-305 - Remedies to Be Liberally Administered. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-305 - Remedies to Be Liberally Administered. | Section 7-1-305
Remedies to be liberally administered.
(a) The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-306/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-306 - Waiver or Renunciation of Claim or Right After Breach. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-306 - Waiver or Renunciation of Claim or Right After Breach. | Section 7-1-306
Waiver or renunciation of claim or right after breach.
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
(Act 2004-524, p. 1070, §1.) |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-307/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-307 - Prima Facie Evidence by Third-Party Documents. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-307 - Prima Facie Evidence by Third-Party Documents. | Section 7-1-307
Prima facie evidence by third-party documents.
A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prim... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-308/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-308 - Performance or Acceptance Under Reservation of Rights. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-308 - Performance or Acceptance Under Reservation of Rights. | Section 7-1-308
Performance or acceptance under reservation of rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "un... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-309/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-309 - Option to Accelerate at Will. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-309 - Option to Accelerate at Will. | Section 7-1-309
Option to accelerate at will.
A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do s... |
https://law.justia.com/codes/alabama/title-7/article-1/part-3/section-7-1-310/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 1 - General Provisions.›Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law.›Section 7-1-310 - Subordinated Obligations. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 1 - General Provisions. › Part 3 - Territorial Applicability; Parties' Power to Choose Applicable Law. › Section 7-1-310 - Subordinated Obligations. | Section 7-1-310
Subordinated obligations.
An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordina... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-101 - Short Title. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-101 - Short Title. | Section 7-2-101
Short title.
This article shall be known and may be cited as Uniform Commercial Code - Sales.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-102 - Scope; Certain Security and Other Transactions Excluded From This Article. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-102 - Scope; Certain Security and Other Transactions Excluded From This Article. | Section 7-2-102
Scope; certain security and other transactions excluded from this article.
Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate onl... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-103 - Definitions and Index of Definitions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-103 - Definitions and Index of Definitions. | Section 7-2-103
Definitions and index of definitions.
(1) In this article unless the context otherwise requires:
(a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the tr... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-104 - Definitions: "Merchant"; "Between Merchants"; "Financing agency." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-104 - Definitions: "Merchant"; "Between Merchants"; "Financing agency." | Section 7-2-104
Definitions: "Merchant"; "between merchants"; "financing agency."
(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill m... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-105 - Definitions: "Transferability"; "Goods"; "Future Goods"; "Lot"; "Commercial unit." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-105 - Definitions: "Transferability"; "Goods"; "Future Goods"; "Lot"; "Commercial unit." | Section 7-2-105
Definitions: "Transferability"; "goods"; "future goods"; "lot"; "commercial unit."
(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-106 - Definitions: "Contract"; "Agreement"; "Contract for Sale"; "Sale"; "Present Sale";... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-106 - Definitions: "Contract"; "Agreement"; "Contract for Sale"; "Sale"; "Present Sale"; "Conforming" to Contract; "Termination"; "cancellation." | Section 7-2-106
Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation."
(1) In this article unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract... |
https://law.justia.com/codes/alabama/title-7/article-2/part-1/section-7-2-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 1 - Short Title, General Construction, and Subject Matter.›Section 7-2-107 - Goods to Be Severed From Realty; Recording. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 1 - Short Title, General Construction, and Subject Matter. › Section 7-2-107 - Goods to Be Severed From Realty; Recording. | Section 7-2-107
Goods to be severed from realty; recording.
(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller, but until severance a purport... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-201/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-201 - Formal Requirements; Statute of Frauds. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-201 - Formal Requirements; Statute of Frauds. | Section 7-2-201
Formal requirements; statute of frauds.
(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the pa... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-202/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-202 - Final Written Expression: Parol or Extrinsic Evidence. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-202 - Final Written Expression: Parol or Extrinsic Evidence. | Section 7-2-202
Final written expression: Parol or extrinsic evidence.
Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-203/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-203 - Seals Inoperative. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-203 - Seals Inoperative. | Section 7-2-203
Seals inoperative.
The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument, and the law with respect to sealed instruments does not apply to such a contract or offer.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-204/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-204 - Formation in General. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-204 - Formation in General. | Section 7-2-204
Formation in general.
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its mak... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-205/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-205 - Firm Offers. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-205 - Firm Offers. | Section 7-2-205
Firm offers.
An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability e... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-206/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-206 - Offer and Acceptance in Formation of Contract. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-206 - Offer and Acceptance in Formation of Contract. | Section 7-2-206
Offer and acceptance in formation of contract.
(1) Unless otherwise unambiguously indicated by the language or circumstances:
(a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
(b) An order or other offer to buy good... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-207/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-207 - Additional Terms in Acceptance or Confirmation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-207 - Additional Terms in Acceptance or Confirmation. | Section 7-2-207
Additional terms in acceptance or confirmation.
(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-208/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-208 - Course of Performance or Practical Construction. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-208 - Course of Performance or Practical Construction. | Section 7-2-208
Course of performance or practical construction.
Repealed by Act 2004-524, p. 1070, §3, effective January 1, 2005.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-209/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-209 - Modification, Rescission and Waiver. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-209 - Modification, Rescission and Waiver. | Section 7-2-209
Modification, rescission and waiver.
(1) An agreement modifying a contract within this article needs no consideration to be binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such... |
https://law.justia.com/codes/alabama/title-7/article-2/part-2/section-7-2-210/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 2 - Form, Formation, and Readjustment of Contract.›Section 7-2-210 - Delegation of Performance; Assignment of Rights. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 2 - Form, Formation, and Readjustment of Contract. › Section 7-2-210 - Delegation of Performance; Assignment of Rights. | Section 7-2-210
Delegation of performance; assignment of rights.
(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves th... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-301/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-301 - General Obligations of Parties. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-301 - General Obligations of Parties. | Section 7-2-301
General obligations of parties.
The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-304/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-304 - Price Payable in Money, Goods, Realty, or Otherwise. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-304 - Price Payable in Money, Goods, Realty, or Otherwise. | Section 7-2-304
Price payable in money, goods, realty, or otherwise.
(1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods, each party is a seller of the goods which he is to transfer.
(2) Even though all or part of the price is payable in an interest in realty, the tran... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-303/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-303 - Allocation or Division of Risks. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-303 - Allocation or Division of Risks. | Section 7-2-303
Allocation or division of risks.
Where this article allocates a risk or a burden as between the parties "unless otherwise agreed," the agreement may not only shift the allocation but may also divide the risk or burden.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-302/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-302 - Unconscionable Contract or Clause. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-302 - Unconscionable Contract or Clause. | Section 7-2-302
Unconscionable contract or clause.
(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-305/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-305 - Open Price Term. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-305 - Open Price Term. | Section 7-2-305
Open price term.
(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:
(a) Nothing is said as to price; or
(b) The price is left to be agreed by the parties and they fail to agr... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-306/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-306 - Output, Requirements, and Exclusive Dealings. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-306 - Output, Requirements, and Exclusive Dealings. | Section 7-2-306
Output, requirements, and exclusive dealings.
(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the ab... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-307/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-307 - Delivery in Single Lot or Several Lots. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-307 - Delivery in Single Lot or Several Lots. | Section 7-2-307
Delivery in single lot or several lots.
Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender, but where the circumstances give either party the right to make or demand delivery in lots, the price if it can be app... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-308/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-308 - Absence of Specified Place for Delivery. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-308 - Absence of Specified Place for Delivery. | Section 7-2-308
Absence of specified place for delivery.
Unless otherwise agreed:
(a) The place for delivery of goods is the seller's place of business or if he has none his residence; but
(b) In a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other p... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-309/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-309 - Absence of Specific Time Provisions; Notice of Termination. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-309 - Absence of Specific Time Provisions; Notice of Termination. | Section 7-2-309
Absence of specific time provisions; notice of termination.
(1) The time for shipment or delivery or any other action under a contract if not provided in this article or agreed upon shall be a reasonable time.
(2) Where the contract provides for successive performances but is indefinite in duration it i... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-310/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation. | Section 7-2-310
Open time for payment or running of credit; authority to ship under reservation.
Unless otherwise agreed:
(a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and
(b) If the seller is authorized to send the goods ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-311/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-311 - Options and Cooperation Respecting Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-311 - Options and Cooperation Respecting Performance. | Section 7-2-311
Options and cooperation respecting performance.
(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of Section 7-2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-312/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringemen... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement. | Section 7-2-312
Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and
(b) The goods shall be delivered free from any security i... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-313/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-313 - Express Warranties by Affirmation, Promise, Description, Sample. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-313 - Express Warranties by Affirmation, Promise, Description, Sample. | Section 7-2-313
Express warranties by affirmation, promise, description, sample.
(1) Express warranties by the seller are created as follows:
(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that th... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-314/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-314 - Implied Warranty: Merchantability; Usage of Trade; Human Blood and Tissues. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-314 - Implied Warranty: Merchantability; Usage of Trade; Human Blood and Tissues. | Section 7-2-314
Implied warranty: Merchantability; usage of trade; human blood and tissues.
(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the se... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-315/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-315 - Implied Warranty: Fitness for Particular Purpose. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-315 - Implied Warranty: Fitness for Particular Purpose. | Section 7-2-315
Implied warranty: Fitness for particular purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modifi... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-316/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-316 - Exclusion or Modification of Warranties. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-316 - Exclusion or Modification of Warranties. | Section 7-2-316
Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-317/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-317 - Cumulation and Conflict of Warranties Express or Implied. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-317 - Cumulation and Conflict of Warranties Express or Implied. | Section 7-2-317
Cumulation and conflict of warranties express or implied.
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that inten... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-318/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-318 - Third-Party Beneficiaries of Warranties Express or Implied. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-318 - Third-Party Beneficiaries of Warranties Express or Implied. | Section 7-2-318
Third-party beneficiaries of warranties express or implied.
A sellers' warranty, whether express or implied, extends to any natural person if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-319/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-319 - f.o.b. and f.a.s. Terms. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-319 - f.o.b. and f.a.s. Terms. | Section 7-2-319
F.O.B. and F.A.S. terms.
(1) Unless otherwise agreed the term F.O.B. (which means "free on board") at a named place, even though used only in connection with the stated price, is a delivery term under which:
(a) When the term is F.O.B. the place of shipment, the seller must at that place ship the goods ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-320/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-320 - c.i.f. and C. & F. Terms. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-320 - c.i.f. and C. & F. Terms. | Section 7-2-320
C.I.F. and C. & F. terms.
(1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.
(2) Unless otherwise agreed and eve... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-321/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-321 - c.i.f. or C. & f.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Con... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-321 - c.i.f. or C. & f.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival. | Section 7-2-321
C.I.F. or C. & F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.
Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights," "delivered weights," "out turn" quantity or quality or the like, ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-322/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-322 - Delivery "Ex-Ship". | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-322 - Delivery "Ex-Ship". | Section 7-2-322
Delivery "ex-ship".
(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the k... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-323/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-323 - Form of Bill of Lading Required in Overseas Shipment; "overseas." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-323 - Form of Bill of Lading Required in Overseas Shipment; "overseas." | Section 7-2-323
Form of bill of lading required in overseas shipment; "overseas."
(1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-324/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-324 - "No Arrival, No Sale" Term. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-324 - "No Arrival, No Sale" Term. | Section 7-2-324
"No arrival, no sale" term.
Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed,
(a) The seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-325/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-325 - "Letter of Credit" Term; "Confirmed credit." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-325 - "Letter of Credit" Term; "Confirmed credit." | Section 7-2-325
"Letter of credit" term; "confirmed credit."
(1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.
(2) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller m... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-326/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-326 - "Sale on Approval" and "Sale or return." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-326 - "Sale on Approval" and "Sale or return." | Section 7-2-326
"Sale on approval" and "sale or return."
(1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(a) A "sale on approval" if the goods are delivered primarily for use, and
(b) A "sale or return" if the goods are delivered... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-327/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-327 - Special Incidents of Sale on Approval and Sale or Return. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-327 - Special Incidents of Sale on Approval and Sale or Return. | Section 7-2-327
Special incidents of sale on approval and sale or return.
(1) Under a sale on approval unless otherwise agreed:
(a) Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
(b) Use of the goods consistent with the purpose of trial is... |
https://law.justia.com/codes/alabama/title-7/article-2/part-3/section-7-2-328/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 3 - General Obligation and Construction of Contract.›Section 7-2-328 - Sale by Auction. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 3 - General Obligation and Construction of Contract. › Section 7-2-328 - Sale by Auction. | Section 7-2-328
Sale by auction.
(1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-4/section-7-2-401/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 4 - Title, Creditors, and Good Faith Purchasers.›Section 7-2-401 - Passing of Title; Reservation for Security; Limited Application of This Section. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 4 - Title, Creditors, and Good Faith Purchasers. › Section 7-2-401 - Passing of Title; Reservation for Security; Limited Application of This Section. | Section 7-2-401
Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-4/section-7-2-402/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 4 - Title, Creditors, and Good Faith Purchasers.›Section 7-2-402 - Rights of Seller's Creditors Against Sold Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 4 - Title, Creditors, and Good Faith Purchasers. › Section 7-2-402 - Rights of Seller's Creditors Against Sold Goods. | Section 7-2-402
Rights of seller's creditors against sold goods.
(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this article (Sections 7-2-... |
https://law.justia.com/codes/alabama/title-7/article-2/part-4/section-7-2-403/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 4 - Title, Creditors, and Good Faith Purchasers.›Section 7-2-403 - Power to Transfer; Good Faith Purchase of Goods; "entrusting." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 4 - Title, Creditors, and Good Faith Purchasers. › Section 7-2-403 - Power to Transfer; Good Faith Purchase of Goods; "entrusting." | Section 7-2-403
Power to transfer; good faith purchase of goods; "entrusting."
(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-501/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 5 - Performance.›Section 7-2-501 - Insurable Interest in Goods; Manner of Identification of Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-501 - Insurable Interest in Goods; Manner of Identification of Goods. | Section 7-2-501
Insurable interest in goods; manner of identification of goods.
(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or re... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-502/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 5 - Performance.›Section 7-2-502 - Buyer's Right to Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-502 - Buyer's Right to Goods. | Section 7-2-502
Buyer's right to goods.
(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of Section 7-2-501 may on making and keeping good a tender of any unpaid portion... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-503/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 5 - Performance.›Section 7-2-503 - Manner of Seller's Tender of Delivery. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-503 - Manner of Seller's Tender of Delivery. | Section 7-2-503
Manner of seller's tender of delivery.
(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement a... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-504/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 5 - Performance.›Section 7-2-504 - Shipment by Seller. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-504 - Shipment by Seller. | Section 7-2-504
Shipment by seller.
Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must:
(a) Put the goods in the possession of such a carrier and make such a contract for their ... |
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