Search is not available for this dataset
url stringlengths 42 388 | state stringclasses 51
values | path stringlengths 83 10.4k | title stringlengths 34 2.24k | content stringlengths 0 2.39M |
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-505/ | 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 7-2-505 - Seller's Shipment Under Reservation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-505 - Seller's Shipment Under Reservation. | Section 7-2-505
Seller's shipment under reservation.
(1) Where the seller has identified goods to the contract by or before shipment:
(a) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-506/ | 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 7-2-506 - Rights of Financing Agency. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-506 - Rights of Financing Agency. | Section 7-2-506
Rights of financing agency.
(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goo... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-507/ | 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 7-2-507 - Effect of Seller's Tender; Delivery on Condition. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-507 - Effect of Seller's Tender; Delivery on Condition. | Section 7-2-507
Effect of seller's tender; delivery on condition.
(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.
(2) Where payment is ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-508/ | 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 7-2-508 - Cure by Seller of Improper Tender or Delivery; Replacement. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-508 - Cure by Seller of Improper Tender or Delivery; Replacement. | Section 7-2-508
Cure by seller of improper tender or delivery; replacement.
(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-509/ | 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 7-2-509 - Risk of Loss in the Absence of Breach. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-509 - Risk of Loss in the Absence of Breach. | Section 7-2-509
Risk of loss in the absence of breach.
(1) Where the contract requires or authorizes the seller to ship the goods by carrier:
(a) If it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-510/ | 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 7-2-510 - Effect of Breach on Risk of Loss. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-510 - Effect of Breach on Risk of Loss. | Section 7-2-510
Effect of breach on risk of loss.
(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-511/ | 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 7-2-511 - Tender of Payment by Buyer; Payment by Check. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-511 - Tender of Payment by Buyer; Payment by Check. | Section 7-2-511
Tender of payment by buyer; payment by check.
(1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery.
(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller de... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-512/ | 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 7-2-512 - Payment by Buyer Before Inspection. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-512 - Payment by Buyer Before Inspection. | Section 7-2-512
Payment by buyer before inspection.
(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:
(a) The nonconformity appears without inspection; or
(b) Despite tender of the required documents the circumstances would just... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-513/ | 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 7-2-513 - Buyer's Right to Inspection of Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-513 - Buyer's Right to Inspection of Goods. | Section 7-2-513
Buyer's right to inspection of goods.
(1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner.... |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-514/ | 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 7-2-514 - When Documents Deliverable on Acceptance; When on Payment. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-514 - When Documents Deliverable on Acceptance; When on Payment. | Section 7-2-514
When documents deliverable on acceptance; when on payment.
Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-5/section-7-2-515/ | 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 7-2-515 - Preserving Evidence of Goods in Dispute. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 5 - Performance. › Section 7-2-515 - Preserving Evidence of Goods in Dispute. | Section 7-2-515
Preserving evidence of goods in dispute.
In furtherance of the adjustment of any claim or dispute:
(a) Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-601/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-601 - Buyer's Rights on Improper Delivery. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-601 - Buyer's Rights on Improper Delivery. | Section 7-2-601
Buyer's rights on improper delivery.
Subject to the provisions of this article on breach in installment contracts (Section 7-2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 7-2-718 and 7-2-719), if the goods or the tender of delivery fail in any respe... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-602/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-602 - Manner and Effect of Rightful Rejection. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-602 - Manner and Effect of Rightful Rejection. | Section 7-2-602
Manner and effect of rightful rejection.
(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
(2) Subject to the provisions of Sections 7-2-603 and 7-2-604 on rejected goods:
(a) After rejection any exe... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-603/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-603 - Merchant Buyer's Duties as to Rightfully Rejected Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-603 - Merchant Buyer's Duties as to Rightfully Rejected Goods. | Section 7-2-603
Merchant buyer's duties as to rightfully rejected goods.
(1) Subject to any security interest in the buyer (subsection (3) of Section 7-2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or cont... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-604/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-604 - Buyer's Options as to Salvage of Rightfully Rejected Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-604 - Buyer's Options as to Salvage of Rightfully Rejected Goods. | Section 7-2-604
Buyer's options as to salvage of rightfully rejected goods.
Subject to the provisions of Section 7-2-603 on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or re... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-605/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-605 - Waiver of Buyer's Objections by Failure to Particularize. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-605 - Waiver of Buyer's Objections by Failure to Particularize. | Section 7-2-605
Waiver of buyer's objections by failure to particularize.
(1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach:
(a) Where the seller ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-606/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-606 - What Constitutes Acceptance of Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-606 - What Constitutes Acceptance of Goods. | Section 7-2-606
What constitutes acceptance of goods.
(1) "Acceptance" of goods occurs when the buyer:
(a) After a reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or
(b) Fails to make an effective rej... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-607/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Accept... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over. | Section 7-2-607
Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
(1) The buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-608/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-608 - Revocation of Acceptance in Whole or in Part. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-608 - Revocation of Acceptance in Whole or in Part. | Section 7-2-608
Revocation of acceptance in whole or in part.
(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it:
(a) On the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured;... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-609/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-609 - Right to Adequate Assurance of Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-609 - Right to Adequate Assurance of Performance. | Section 7-2-609
Right to adequate assurance of performance.
(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing de... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-610/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-610 - Anticipatory Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-610 - Anticipatory Repudiation. | Section 7-2-610
Anticipatory repudiation.
When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:
(a) For a commercially reasonable time await performance by the repudiating party; or... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-611/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-611 - Retraction of Anticipatory Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-611 - Retraction of Anticipatory Repudiation. | Section 7-2-611
Retraction of anticipatory repudiation.
(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.
(2) Retractio... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-612/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-612 - "Installment Contract"; Breach. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-612 - "Installment Contract"; Breach. | Section 7-2-612
"Installment contract"; breach.
(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.
(2) The buyer may reject any installmen... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-613/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-613 - Casualty to Identified Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-613 - Casualty to Identified Goods. | Section 7-2-613
Casualty to identified goods.
Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term (Section 7-2-324) then... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-615/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-615 - Excuse by Failure of Presupposed Conditions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-615 - Excuse by Failure of Presupposed Conditions. | Section 7-2-615
Excuse by failure of presupposed conditions.
Except so far as a seller may have assumed a greater obligation and subject to Section 7-2-614 on substituted performance:
(a) Delay in delivery or nondelivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his dut... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-614/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-614 - Substituted Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-614 - Substituted Performance. | Section 7-2-614
Substituted performance.
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available... |
https://law.justia.com/codes/alabama/title-7/article-2/part-6/section-7-2-616/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 6 - Breach, Repudiation, and Excuse.›Section 7-2-616 - Procedure on Notice Claiming Excuse. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 6 - Breach, Repudiation, and Excuse. › Section 7-2-616 - Procedure on Notice Claiming Excuse. | Section 7-2-616
Procedure on notice claiming excuse.
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under Section 7-2-615, he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the val... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-701/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-701 - Remedies for Breach of Collateral Contracts Not Impaired. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-701 - Remedies for Breach of Collateral Contracts Not Impaired. | Section 7-2-701
Remedies for breach of collateral contracts not impaired.
Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this article.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-702/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-702 - Seller's Remedies on Discovery of Buyer's Insolvency. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-702 - Seller's Remedies on Discovery of Buyer's Insolvency. | Section 7-2-702
Seller's remedies on discovery of buyer's insolvency.
(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash, including payment for all goods theretofore delivered under the contract, and stop delivery under this article (Section 7-2-705).
(2) Where the seller di... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-703/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-703 - Seller's Remedies in General. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-703 - Seller's Remedies in General. | Section 7-2-703
Seller's remedies in general.
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (Section 7-... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-704/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-704 - Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salv... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-704 - Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods. | Section 7-2-704
Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
(1) An aggrieved seller under Section 7-2-703 may:
(a) Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
(... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-705/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-705 - Seller's Stoppage of Delivery in Transit or Otherwise. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-705 - Seller's Stoppage of Delivery in Transit or Otherwise. | Section 7-2-705
Seller's stoppage of delivery in transit or otherwise.
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight w... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-706/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-706 - Seller's Resale Including Contract for Resale. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-706 - Seller's Resale Including Contract for Resale. | Section 7-2-706
Seller's resale including contract for resale.
(1) Under the conditions stated in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-707/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-707 - "Person in the Position of a seller." | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-707 - "Person in the Position of a seller." | Section 7-2-707
"Person in the position of a seller."
(1) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a se... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-708/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-708 - Seller's Damages for Nonacceptance or Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-708 - Seller's Damages for Nonacceptance or Repudiation. | Section 7-2-708
Seller's damages for nonacceptance or repudiation.
(1) Subject to subsection (2) and to the provisions of this article with respect to proof of market price (Section 7-2-723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-709/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-709 - Action for the Price. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-709 - Action for the Price. | Section 7-2-709
Action for the price.
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under Section 7-2-710, the price:
(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-710/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-710 - Seller's Incidental Damages. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-710 - Seller's Incidental Damages. | Section 7-2-710
Seller's incidental damages.
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherw... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-711/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-711 - Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-711 - Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods. | Section 7-2-711
Buyer's remedies in general; buyer's security interest in rejected goods.
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole co... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-712/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-712 - "Cover"; Buyer's Procurement of Substitute Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-712 - "Cover"; Buyer's Procurement of Substitute Goods. | Section 7-2-712
"Cover"; buyer's procurement of substitute goods.
(1) After a breach within Section 7-2-711, the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-713/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-713 - Buyer's Damages for Nondelivery or Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-713 - Buyer's Damages for Nondelivery or Repudiation. | Section 7-2-713
Buyer's damages for nondelivery or repudiation.
(1) Subject to the provisions of this article with respect to proof of market price (Section 7-2-723), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-714/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-714 - Buyer's Damages for Breach in Regard to Accepted Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-714 - Buyer's Damages for Breach in Regard to Accepted Goods. | Section 7-2-714
Buyer's damages for breach in regard to accepted goods.
(1) Where the buyer has accepted goods and given notification (subsection (3) of Section 7-2-607) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined i... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-715/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-715 - Buyer's Incidental and Consequential Damages. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-715 - Buyer's Incidental and Consequential Damages. | Section 7-2-715
Buyer's incidental and consequential damages.
(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connectio... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-716/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-716 - Buyer's Right to Specific Performance or Replevin. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-716 - Buyer's Right to Specific Performance or Replevin. | Section 7-2-716
Buyer's right to specific performance or replevin.
(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-717/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-717 - Deduction of Damages From the Price. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-717 - Deduction of Damages From the Price. | Section 7-2-717
Deduction of damages from the price.
The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
(Acts 1965, No. 549, p. 811.) |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-718/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-718 - Liquidation or Limitation of Damages; Deposits. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-718 - Liquidation or Limitation of Damages; Deposits. | Section 7-2-718
Liquidation or limitation of damages; deposits.
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibil... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-719/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-719 - Contractual Modification or Limitation of Remedy. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-719 - Contractual Modification or Limitation of Remedy. | Section 7-2-719
Contractual modification or limitation of remedy.
(1) Subject to the provisions of subsections (2) and (3) of this section and of Section 7-2-718 on liquidation and limitation of damages:
(a) The agreement may provide for remedies in addition to or in substitution for those provided in this article and ... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-720/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-720 - Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-720 - Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach. | Section 7-2-720
Effect of "cancellation" or "rescission" on claims for antecedent breach.
Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
(Acts... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-721/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-721 - Remedies for Fraud. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-721 - Remedies for Fraud. | Section 7-2-721
Remedies for fraud.
Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-722/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-722 - Who Can Sue Third Parties for Injury to Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-722 - Who Can Sue Third Parties for Injury to Goods. | Section 7-2-722
Who can sue third parties for injury to goods.
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:
(a) A right of action against the third party is in either party to the contract for sale who has title to o... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-723/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-723 - Proof of Market Price: Time and Place. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-723 - Proof of Market Price: Time and Place. | Section 7-2-723
Proof of market price: Time and place.
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section 7-2-708 or Section 7-2-713) shall be determined according to the price of such goo... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-724/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-724 - Admissibility of Market Quotations. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-724 - Admissibility of Market Quotations. | Section 7-2-724
Admissibility of market quotations.
Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such ma... |
https://law.justia.com/codes/alabama/title-7/article-2/part-7/section-7-2-725/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2 - Sales.›Part 7 - Remedies.›Section 7-2-725 - Statute of Limitations in Contracts for Sale. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2 - Sales. › Part 7 - Remedies. › Section 7-2-725 - Statute of Limitations in Contracts for Sale. | Section 7-2-725
Statute of limitations in contracts for sale.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A caus... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-101 - Short Title. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-101 - Short Title. | Section 7-2A-101
Short title.
This article shall be known and may be cited as the Uniform Commercial Code - Leases.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §101.) |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-102 - Scope. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-102 - Scope. | Section 7-2A-102
Scope.
This article applies to any transaction, regardless of form, that creates a lease, as defined in Section 7-2A-103(1)(j).
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §102.) |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-103 - Definitions and Index of Definitions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-103 - Definitions and Index of Definitions. | Section 7-2A-103
Definitions and index of definitions.
(1) In this article unless the context otherwise requires:
(a) "Buyer in ordinary course of business" means a person who in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold intere... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-104 - Leases Subject to Other Statutes. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-104 - Leases Subject to Other Statutes. | Section 7-2A-104
Leases subject to other statutes.
(1) A lease, although subject to this article, is also subject to any applicable:
(a) certificate of title statute of this state;
(b) certificate of title statute of another jurisdiction (Section 7-2A-105); or
(c) consumer protection statute of this state.
(2) In case ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-105 - Territorial Application of Article to Goods Covered by Certificate of Title. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-105 - Territorial Application of Article to Goods Covered by Certificate of Title. | Section 7-2A-105
Territorial application of article to goods covered by certificate of title.
Subject to the provisions of Sections 7-2A-304(3) and 7-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of complianc... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-106 - Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Jud... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-106 - Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum. | Section 7-2A-106
Limitation on power of parties to consumer lease to choose applicable law and judicial forum.
(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which
(a) the lessee resides at the time the lease agreement becomes enforceable or within 30 day... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-107/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-107 - Waiver or Renunciation of Claim or Right After Default. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-107 - Waiver or Renunciation of Claim or Right After Default. | Section 7-2A-107
Waiver or renunciation of claim or right after default.
Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
(Acts 1992, 2nd Ex. Sess., No. ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-108/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-108 - Unconscionability. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-108 - Unconscionability. | Section 7-2A-108
Unconscionability.
(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-1/section-7-2a-109/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 1 - General Provisions.›Section 7-2A-109 - Option to Accelerate at Will. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 1 - General Provisions. › Section 7-2A-109 - Option to Accelerate at Will. | Section 7-2A-109
Option to accelerate at will.
(1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deems himself or herself insecure" or in words of similar import must be construed to m... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-201/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-201 - Statute of Frauds. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-201 - Statute of Frauds. | Section 7-2A-201
Statute of frauds.
(1) A lease contract is not enforceable by way of action or defense unless:
(a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or
(b) there is a writing, signed by the party against whom enforcement is sou... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-202/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-202 - Final Written Expression: Parol or Extrinsic Evidence. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-202 - Final Written Expression: Parol or Extrinsic Evidence. | Section 7-2A-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-2a/part-2/section-7-2a-203/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-203 - Seals Inoperative. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-203 - Seals Inoperative. | Section 7-2A-203
Seals inoperative.
The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
(Acts 1992, 2nd Ex. Sess., No. 92-7... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-204/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-204 - Formation in General. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-204 - Formation in General. | Section 7-2A-204
Formation in general.
(1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermi... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-205/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-205 - Firm Offers. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-205 - Firm Offers. | Section 7-2A-205
Firm offers.
An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance 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 the period of ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-206/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-206 - Offer and Acceptance in Formation of Lease Contract. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-206 - Offer and Acceptance in Formation of Lease Contract. | Section 7-2A-206
Offer and acceptance in formation of lease contract.
(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a reque... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-207/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-207 - Course of Performance or Practical Construction. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-207 - Course of Performance or Practical Construction. | Section 7-2A-207
Course of performance or practical construction.
Repealed by Act 2004-524, p. 1070, §3, effective January 1, 2005.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §207.) |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-208/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-208 - Modification, Rescission and Waiver. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-208 - Modification, Rescission and Waiver. | Section 7-2A-208
Modification, rescission and waiver.
(1) An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a re... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-209/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract. | Section 7-2A-209
Lessee under finance lease as beneficiary of supply contract.
(1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-210/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-210 - Express Warranties. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-210 - Express Warranties. | Section 7-2A-210
Express warranties.
(1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-211/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-211 - Warranties Against Interference and Against Infringement; Lessee's Obligation Aga... | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-211 - Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement. | Section 7-2A-211
Warranties against interference and against infringement; lessee's obligation against infringement.
(1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infr... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-212/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-212 - Implied Warranty of Merchantability. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-212 - Implied Warranty of Merchantability. | Section 7-2A-212
Implied warranty of merchantability.
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-213/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-213 - Implied Warranty of Fitness for Particular Purpose. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-213 - Implied Warranty of Fitness for Particular Purpose. | Section 7-2A-213
Implied warranty of fitness for particular purpose.
Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitabl... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-214/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-214 - Exclusion or Modification of Warranties. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-214 - Exclusion or Modification of Warranties. | Section 7-2A-214
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 a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Section 7-2A-202 on parol or ex... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-215/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-215 - Cumulation and Conflict of Warranties Express or Implied. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-215 - Cumulation and Conflict of Warranties Express or Implied. | Section 7-2A-215
Cumulation and conflict of warranties express or implied.
Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intenti... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-216/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-216 - Third-Party Beneficiaries of Express and Implied Warranties. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-216 - Third-Party Beneficiaries of Express and Implied Warranties. | Section 7-2A-216
Third-party beneficiaries of express and implied warranties.
(1) A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who may reasonably be expected to use, consume, or be affected by the goods and who is injured in person by breach ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-217/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-217 - Identification. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-217 - Identification. | Section 7-2A-217
Identification.
Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(a) when the lease contract is made if the lease contract is for a lease of goods... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-218/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-218 - Insurance and Proceeds. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-218 - Insurance and Proceeds. | Section 7-2A-218
Insurance and proceeds.
(1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of the lessor's identifica... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-219/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-219 - Risk of Loss. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-219 - Risk of Loss. | Section 7-2A-219
Risk of loss.
(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(2) Subject to the provisions of this article on the effect of default on risk of loss (Section 7-2A-220), ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-220/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-220 - Effect of Default on Risk of Loss. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-220 - Effect of Default on Risk of Loss. | Section 7-2A-220
Effect of default on risk of loss.
(1) Where risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-2/section-7-2a-221/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 2 - Formation and Construction of Lease Contract.›Section 7-2A-221 - Casualty to Identified Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 2 - Formation and Construction of Lease Contract. › Section 7-2A-221 - Casualty to Identified Goods. | Section 7-2A-221
Casualty to identified goods.
If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-301/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-301 - Enforceability of Lease Contract. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-301 - Enforceability of Lease Contract. | Section 7-2A-301
Enforceability of lease contract.
Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §301.) |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-302/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-302 - Title to and Possession of Goods. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-302 - Title to and Possession of Goods. | Section 7-2A-302
Title to and possession of goods.
Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-303/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-303 - Alienability of Interests, Transfer of Rights, Etc. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-303 - Alienability of Interests, Transfer of Rights, Etc. | Section 7-2A-303
Alienability of interests, transfer of rights, etc.
(1) As used in this section, "creation of a security interest" includes the sale of a lease contract that is subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3).
(2) Except as provided in subsection (3) and Section 7-9A-40... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-304/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-304 - Subsequent Lease of Goods by Lessor. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-304 - Subsequent Lease of Goods by Lessor. | Section 7-2A-304
Subsequent lease of goods by lessor.
(1) Subject to Section 7-2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-305/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-305 - Sale or Sublease of Goods by Lessee. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-305 - Sale or Sublease of Goods by Lessee. | Section 7-2A-305
Sale or sublease of goods by lessee.
(1) Subject to the provisions of Section 7-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, an... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-306/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-306 - Priority of Certain Liens Arising by Operation of Law. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-306 - Priority of Certain Liens Arising by Operation of Law. | Section 7-2A-306
Priority of certain liens arising by operation of law.
If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those material... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-307/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-307 - Priority Over Lease Contract. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-307 - Priority Over Lease Contract. | Section 7-2A-307
Priority over lease contract.
(1) Except as otherwise provided in Section 7-2A-306, a creditor of a lessee takes subject to the lease contract.
(2) Except as otherwise provided in subsection (3) and in Sections 7-2A-306 and 7-2A-308, a creditor of a lessor takes subject to the lease contract unless the... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-308/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-308 - Special Rights of Creditors. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-308 - Special Rights of Creditors. | Section 7-2A-308
Special rights of creditors.
(1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-309/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-309 - Lessor's and Lessee's Rights When Goods Become Fixtures. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-309 - Lessor's and Lessee's Rights When Goods Become Fixtures. | Section 7-2A-309
Lessor's and lessee's rights when goods become fixtures.
(1) In this section:
(a) goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law;
(b) a "fixture filing" is the filing, in the office where a record of a mortgage on the rea... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-310/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-310 - Lessor's and Lessee's Rights When Goods Become Accessions. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-310 - Lessor's and Lessee's Rights When Goods Become Accessions. | Section 7-2A-310
Lessor's and lessee's rights when goods become accessions.
(1) Goods are "accessions" when they are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-3/section-7-2a-311/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 3 - Effect of Lease Contract.›Section 7-2A-311 - Priority Subject to Subordination. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 3 - Effect of Lease Contract. › Section 7-2A-311 - Priority Subject to Subordination. | Section 7-2A-311
Priority subject to subordination.
Nothing in this article prevents subordination by agreement by any person entitled to priority.
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §311.) |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-401/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-401 - Insecurity: Adequate Assurance of Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-401 - Insecurity: Adequate Assurance of Performance. | Section 7-2A-401
Insecurity: Adequate assurance of performance.
(1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-402/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-402 - Anticipatory Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-402 - Anticipatory Repudiation. | Section 7-2A-402
Anticipatory repudiation.
(1) If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
(a) for a commercially reasonable ... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-403/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-403 - Retraction of Anticipatory Repudiation. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-403 - Retraction of Anticipatory Repudiation. | Section 7-2A-403
Retraction of anticipatory repudiation.
(1) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indi... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-404/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-404 - Substituted Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-404 - Substituted Performance. | Section 7-2A-404
Substituted performance.
(1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reason... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-405/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-405 - Excused Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-405 - Excused Performance. | Section 7-2A-405
Excused performance.
Subject to Section 7-2A-404 on substituted performance, the following rules apply:
(a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-406/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-406 - Procedure on Excused Performance. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-406 - Procedure on Excused Performance. | Section 7-2A-406
Procedure on excused performance.
(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 7-2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment leas... |
https://law.justia.com/codes/alabama/title-7/article-2a/part-4/section-7-2a-407/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 7 - Commercial Code.›Article 2A - Leases.›Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused.›Section 7-2A-407 - Irrevocable Promises: Finance Leases. | 2023 Code of Alabama › Title 7 - Commercial Code. › Article 2A - Leases. › Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused. › Section 7-2A-407 - Irrevocable Promises: Finance Leases. | Section 7-2A-407
Irrevocable promises: Finance leases.
(1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.
(2) A promise that has become irrevocable and independent under subsection (... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.