Title 8 — Title 8

Repealed by Act 2015-465 effective January 1, 2016. History: (Code 1923, §§6826, 6827, 6828; Acts 1931, No. 546, p. 647; Code 1940, T. 9, §§22, 23, 24.)

No person shall receive, directly or indirectly, any money or thing of value in consideration of bidding or not bidding at any public sale within this state. History: (Code 1852, §1557; Code 1867, §1869; Code 1876, §2127; Code 1886, §1738; Code 1896, §2159; Code 1907, §3334; Code…

No person shall bid off any of the public lands within this state under an agreement, previously made, to transfer the same, or any part thereof, or interest therein, for a premium or advance to be paid therefor. History: (Code 1852, §1558; Code 1867, §1870; Code 1876, §2128; Cod…

(a) All contracts in violation of the provisions of Sections 8-1-100 and 8-1-101 are void. (b) Any person violating such provisions forfeits double the amount of money or value of the thing received, agreed to be received or paid, to the use of the person suing for the same, and …

Nothing in Sections 8-1-100 and 8-1-101 must be so construed as to prevent any person who has made improvements on public lands from selling the same and receiving the purchase money therefor. History: (Code 1852, §1561; Code 1867, §1873; Code 1876, §2130; Code 1886, §1741; Code …

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) CONTRACT OF SALE. Such term shall include sales, agreements of sale, and agreements to sell. (2) PERSON. Such term shall be construed to import the plu…

(a) All contracts of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein the parties thereto do not intend a delivery of the article contracted for, but do intend to gamble on the difference between the contract price and some subsequ…

of Illegal Contract. Every person shall furnish, upon demand, to any principal for whom such person has executed any order for the actual purchase or sale of any commodities, stocks, or bonds for future delivery, a written statement containing the names of the persons from whom s…

Contract. Proof that anything of value agreed to be sold and delivered was not actually delivered at the time of making the agreement to sell and deliver and that one of the parties to such agreement deposited or secured, or agreed to deposit or secure, what are commonly called “…

Statutes Prima Facie Evidence of Void Contract. Proof of the fact that any contract for the future delivery of cotton was not made subject to the provisions of any federal statute relating thereto, including such amendments as may hereafter be made to such statutes by Congress, s…

Delivery Not Intended - Profit Intended to Be Paid in Money on Day of Delivery. If any person shall become a party to any contract for the sale and future delivery of any article or personal property in which it is not intended by the parties thereto that such property shall be a…

Delivery Not Intended - Price Based on Bona Fide Sales on Exchange or Board of Trade Without Making Execution on Exchange or Board of Trade. (a) Any person, either as agent or principal, who enters into or assists in making any contract of sale for the future delivery of any comm…

If any person shall consent while in this state to become a party to any futures contract contrary to Section 8-1-126, made in another state, or if any person shall become, as agent of any person or corporation, a party to any such contract made in another state or in this state …

If any person, corporation or other association of persons, either as principals or agents, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, In…

Prima Facie Evidence of Guilt. Proof that any person, corporation, or other association of persons, either as principals or agents, has established an office or place where are posted or published from information received the fluctuating prices of grain, cotton, provisions, stoc…

Participation Prima Facie Evidence of Guilt. (a) No person shall be excused on any prosecution under this article from testifying touching anything done by himself or others contrary to the provisions of this article; but no disclosures made by the witness upon such examination s…

Any money or thing paid or delivered to any person whether as principal, agent, or broker in furtherance or settlement of any contract made in violation of this article may be recovered in any action brought by the person paying the same, his wife, or child. History: (Code 1907, …

Money Paid or Things of Value Delivered. (a) All contracts founded in whole or in part on a gambling consideration are void. Any person who has paid any money or delivered any thing of value lost upon any game or wager may recover such money, thing, or its value by an action comm…

(a) Any creditor of a losing party under a gambling contract may garnish the winner as other debtors are garnished at any time within two years from the payment of such money or delivery of such thing, and if such garnishee fails to appear, judgment may be entered against him as …

Prosecutions. In any action brought under the provisions of this article either party may be examined on interrogatories as in other cases, but the answer of the party cannot be used against him in any criminal prosecution. History: (Code 1852, §1570; Code 1867, §1881; Code 1876,…

Furnished. Except as provided in Sections 8-1-171 and 8-1-172, and contracts of fire and tornado insurance wherein the insane person is the beneficiary, all contracts of an insane person are void; but he and his estate shall be liable for necessaries furnished him, which may be r…

Faith. (a) Whenever any person shall purchase in good faith and for a valuable consideration real estate from an insane person without notice of such insanity, such contract and conveyance shall not be void; but such insane person may recover from the vendee, or those claiming un…

Void. (a) When any person shall in good faith take a mortgage on real estate from an insane person without notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem the property so mortgaged at any time prior to a foreclosure by paying to the m…

(a) Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise than is provided by this section is to that extent void. (b) Except as otherwise prohibited by law, the following contracts are allowed to preserve a pro…

(a) A protectable interest includes all of the following: (1) Trade secrets, as defined in Section 8-27-2. (2) Confidential information, including, but not limited to, pricing information and methodology; compensation; customer lists; customer data and information; mailing lists;…

In order to be valid, any contract or agreement executed pursuant to this article shall be reduced to writing, signed by all parties, and be supported by adequate consideration. History: (Act 2015-465, §3.)

If a contractually specified restraint is overly broad or unreasonable in its duration, a court may void the restraint in part and reform it to preserve the protectable interest or interests. If a contractually specified restraint does not fall within the limited exceptions set o…

The party seeking enforcement of the covenant has the burden of proof on every element. The party resisting enforcement of the covenant has the burden of proving the existence of undue hardship, if raised as a defense. History: (Act 2015-465, §5.)

(a) The remedies available for breach of an agreement subject to this article are: (1) Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach. (2) The actual damages suffered as a result of the breach or lawful liquidated …

Nothing in this article shall be construed to eliminate any professional exemption recognized by Alabama law. History: (Act 2015-465, §7.)

It is hereby declared that this article expresses fundamental public policies of the State of Alabama. Therefore, this article shall govern and shall be applied instead of any foreign laws that might otherwise be applicable in those instances when the application of those foreign…

When, through fraud, a mutual mistake of the parties or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to ex…

An “accord” is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is claiming or entitled. History: (Code 1923, §5640; Code 1940, T. 9, §1.)

Though the parties to an accord are bound to execute it, it does not extinguish the obligation until it is fully executed. History: (Code 1923, §5641; Code 1940, T. 9, §2.)

Acceptance of the consideration of an accord extinguishes the obligation and is called satisfaction. History: (Code 1923, §5642; Code 1940, T. 9, §3.)

This article shall be known and may be cited as the Alabama Non-Disparagement Obligations Act. History: (Act 2021-503, §1.)

As used in this article, the following terms shall have the following meanings: (1) COVERED CONTRACT. Any written employment separation, termination, or post-employment settlement or release agreement written solely for that purpose; any written business relationship termination …

(a) Non-disparagement obligations in covered contracts, whether unilateral, bilateral, or multilateral, shall be valid and enforceable for any period of time agreed to by the parties. (b) Except as otherwise prohibited by law, any covered contract between two or more persons or p…

Consideration. In order to be valid and enforceable, a covered contract shall be in writing, signed by all parties, and supported by adequate consideration. History: (Act 2021-503, §4.)

In order to be enforceable, a covered contract shall state in writing that the obligated party may not be held liable for breach of the non-disparagement obligation if the obligated party makes an otherwise disparaging statement in good faith and solely for any of the following p…

(a) A covered contract containing a non-disparagement obligation in writing requires the parties to the covered contract to file under seal all initial and responsive pleadings and motions, including, but not limited to, motions under Alabama Rule of Civil Procedure 65 seeking en…

In the event any provision or provisions of a covered contract are found by a court of competent jurisdiction to be unenforceable as a matter of law, such provisions shall be severable from the covered contract and shall not affect the enforceability of the remainder of the cover…

(a) Nothing in this article affects any defense or immunity otherwise available under applicable law. (b) Nothing in this article shall reduce, void, or diminish any obligations or contractual obligations of any kind or nature between shareholders, owners, members, and officers o…

(a) In an action for breach of a contract governed by this article when actual damages are sought, a defendant may assert affirmative defenses available under the law. (b) If actual damages are sought, the defendant may also assert the following additional affirmative defenses: (…

Upon a finding of whether there has been a breach of a contract governed by this article, the court may order and award any of the following: (1) Injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach. (2) The actual damages re…

An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration or in writing with or without new consideration. History: (Code 1923, §5643; Code 1940, T. 9, §4.)

Nothing in this article shall affect any agreement executed prior to January 1, 2022. History: (Act 2021-503, §11.)

(a) All banking, insurance and other corporations, private bankers, brokers and other persons engaged in the business of making discounts or lending money, or taking or receiving a collateral for a loan or discount, must give to the borrower, or to his agent or attorney, if deman…

Option to Tender Payment One Business Day Before Remittance Due to Internal Revenue Service; Notification and Security; Applicability. (a) A party to a contract required to reimburse another party to the contract for the federal manufacturer’s excise tax levied pursuant to Sectio…

Specific performance cannot be enforced against a party to a contract in any of the following cases: (1) If he has not received an adequate consideration for the contract; (2) If it is not, as to him, just and reasonable; (3) If his assent was obtained by the misrepresentation, c…