Title 8 — Title 8

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…

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…

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 …

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…

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.)

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…

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.)

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he is liable to the lessor for all damages resulting from such use, or the lessor may treat the contract as thereby rescinded.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.…

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.)

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.)

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…

This chapter may be cited as the Uniform Electronic Transactions Act. History: (Act 2001-458, p. 597, §1.)

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other pa…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which meets the following requirements: (1) Accurately reflects the information set forth in the record as it was first generated in fi…

(a) In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (b) In determining the attribution and authenticity or evidentiary weight of an electronic record or signature, the trier of fact may consider, along with any oth…

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements. (2) A contract may be …

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record meets all of the following requirements: (1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has d…

(a) In this section, “transferable record” means an electronic record that meets the following criteria: (1) Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing. (2) T…

Records. (a) The Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it wi…

Signatures. (a)(1) Except as otherwise provided in subsection (f) of Section 8-1A-12, the Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Secti…

(a) A governmental agency of this state which adopts standards pursuant to Section 8-1A-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovern…

As used in this chapter, each of the following words have the following meanings: (1) AGREEMENT. The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under la…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by any of the following: (1) A law governing the creat…

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002. History: (Act 2001-458, p. 597, §1.)

Agreement. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which…

This chapter shall be construed and applied in each of the following manners: (1) To facilitate electronic transactions consistent with other applicable law. (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of thos…

Electronic Contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law re…

(a) Subject to subsection (e), if parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, a…

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…

Every agent has actually such authority as is defined by this chapter, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restrictions upon his authority. History: (Co…

A general agent to sell who is intrusted by the principal with the possession of the thing sold has authority to receive the price. History: (Code 1923, §9536; Code 1940, T. 9, §70.)

A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards. History: (Code 1923, §9537; Code 1940, T. 9, §71.)

An agent has authority to: (1) Do everything necessary or proper and usual in the ordinary course of business for effecting the purpose of his agency; and (2) Make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right t…

One who assumes to act as an agent thereby warrants to all who deal with him in that capacity that he has the authority which he assumes. History: (Code 1923, §9542; Code 1940, T. 9, §76.)

A principal is bound by acts of his agent under a merely ostensible authority to those persons only who have in good faith and without want of ordinary care incurred a liability or parted with value upon the faith thereof. History: (Code 1923, §9539; Code 1940, T. 9, §73.)

Transacting Agency. Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in a…

Of. As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other. History: (Code 1923, §9538; Code 1940, T. 9, §72.)

Before Notice of Agency. One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction may set off against any claim of the principal arising out of the same all claims which he might have set off against the agent before n…

Joint makers of notes, bills, bonds, or contracts for the payment of money are bound severally and jointly to the payee, transferee, or holder, jointly and severally, for the full amount due; but as between themselves, each is principal to the extent of his share of the joint and…

(a) Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment be joint against the principal and all the endorsers or several against such, shall be entitled to control the judgment and execu…

A surety who has paid the debt of his principal is subrogated to all the rights of the creditor and, in a controversy with other creditors, ranks in dignity the same as the creditor whose claim is paid. History: (Code 1907, §5394; Code 1923, §9553; Code 1940, T. 9, §87.)

No surety, when sued, can confess judgment or suffer judgment to pass by default if the principal debtor, on being notified of the pending action, is willing to defend the action at his own cost and give good and sufficient collateral security to the surety, to be approved by the…

Discharge of Surety Upon Failure to Bring Action. (a) A surety upon any contract for the payment of money or for the delivery or payment of personal property may require the creditor or anyone having the beneficial interest in the contract, by notice in writing, to bring an actio…

All the provisions of this chapter inure to the benefit of the personal representatives of the creditor or surety and in favor of sureties and cosureties against the personal representatives of the principal or of a surety. History: (Code 1852, §2649; Code 1867, §3076; Code 1876,…

In cases not otherwise provided for in this chapter, complaints must be filed in the circuit court of the county in which the parties, or any of them, against whom the complaint is filed reside or, if they are nonresidents or have no fixed residence in the state, in the circuit c…

A surety who has paid his principal’s debt is entitled to a transfer of the original and collateral security which the creditor holds; he has all the rights to realize thereon and to reimburse himself to the same extent as the creditor might have done before the surety paid him, …

The remedies given sureties and cosureties in this chapter are not exclusive of other remedies conferred by statute or existing at common law, but are cumulative and additional. History: (Code 1907, §5386; Code 1923, §9545; Code 1940, T. 9, §79.)

Seizure of Property If Collateral Not Given; Disposition of Seized Perishable Property. (a) When the principal in any replevy bond is wasting the replevied property or is removing or is about to remove himself or property out of the state, the surety or sureties on the replevy bo…