Title 8 — Title 8
0 chapters · 1,049 sections in this title.
Ala. Code § 8-1-41 Obligations Which Cannot Be Specifically Enforced
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The following obligations cannot be specifically enforced: (1) An obligation to render personal service; (2) An obligation to employ another in personal service; (3) An agreement to submit a controversy to arbitration; (4) An agreement to perform an act which the party has not po…
Ala. Code § 8-1-42 Specific Performance Not Enforced for Party Not Fully Performing
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Conditions Precedent. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial and either entirely immateri…
Ala. Code § 8-1-43 Neither Party to Obligation Compelled Specifically to Perform Unless
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Other Party Performs. Neither party to an obligation can be compelled specifically to perform it unless the other party thereto has performed or is compelled specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly …
Ala. Code § 8-1-44 Contract Signed by One Party Only May Be Enforced by Other
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A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform, it on his part and the case is otherwise proper for enforcing specific performance. History: (Code 1…
Ala. Code § 8-1-45 Imposition of Penalty or Liquidation of Damages Not Bar to Specific
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Performance. A contract otherwise proper to be specifically enforced may be thus enforced, though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same. History: (Code 1923, §6832; Code 1940, T. 9, §54.)
Ala. Code § 8-1-46 Obligation on Real Estate Specifically Enforced Against Person
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Subsequently Claiming Title. Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a pu…
Ala. Code § 8-1-47 Presumptions as to Availability of Specific Performance as Remedy
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It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved. History: (Code 1923, §6830; Code 1940, T. 9, §52.)
Ala. Code § 8-1-60 Thing Let for Particular Purpose to Be so Used
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When a thing is let for a particular purpose, the lessee must not use it for any other purpose; and if he does, he is liable to the lessor for all damages resulting from such use, or the lessor may treat the contract as thereby rescinded. History: (Code 1923, §6273; Code 1940, T.…
Ala. Code § 8-1-61 Lessee to Use Ordinary Care
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The lessee of a thing must use ordinary care for its preservation in safety and good condition. History: (Code 1923, §6271; Code 1940, T. 9, §5.)
Ala. Code § 8-1-62 Lessee to Repair Injuries
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The lessee of a thing must repair all deteriorations or injuries thereto occasioned by the want of ordinary care. History: (Code 1923, §6272; Code 1940, T. 9, §6.)
Ala. Code § 8-1-63 When Lessor May Reclaim Before End of Term
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The lessor of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon: (1) When the lessee uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or (2) When the lessee does not, within a reasonable tim…