reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 9 - Insane Persons. › Section 8-1-172 - Mortgage Taken in Good Faith on Real Estate of Insane Person Not Void.

Section 8-1-172
Mortgage taken in good faith on real estate of insane person not 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 mortgagee the amount actually received by the insane person at the time of executing the mortgage, or any balance due thereon, with interest thereon to the date of redemption.
(b) If the mortgage shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure sale, or those claiming under the vendee, at any time within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or at any time within one year from foreclosure for all other property, by paying to the vendee, or those claiming under the vendee, the amount which the vendee at the mortgage foreclosure sale actually paid at the sale for the property, with interest thereon at the rate of eight percent per annum to the date of redemption, together with all lawful charges as provided for by law.
(Code 1923, §6823; Code 1940, T. 9, §42; Act 2015-79, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-190 - Void Contracts; Contracts Allowed to Preserve Protectable Interests.

Section 8-1-190
Void contracts; contracts allowed to preserve protectable interests.
(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 protectable interest:
(1) A contract between two or more persons or businesses or a person and a business limiting their ability to hire or employ the agent, servant, or employees of a party to the contract where the agent, servant, or employee holds a position uniquely essential to the management, organization, or service of the business.
(2) An agreement between two or more persons or businesses or a person and a business to limit commercial dealings to each other.
(3) One who sells the good will of a business may agree with the buyer to refrain from carrying on or engaging in a similar business and from soliciting customers of such business within a specified geographic area so long as the buyer, or any entity deriving title to the good will from that business, carries on a like business therein, subject to reasonable time and place restraints. Restraints of one year or less are presumed to be reasonable.
(4) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from carrying on or engaging in a similar business within a specified geographic area so long as the commercial entity carries on a like business therein, subject to reasonable restraints of time and place. Restraints of two years or less are presumed to be reasonable.
(5) An agent, servant, or employee of a commercial entity may agree with such entity to refrain from soliciting current customers, so long as the commercial entity carries on a like business, subject to reasonable time restraints. Restraints of 18 months or for as long as post-separation consideration is paid for such agreement, whichever is greater, are presumed to be reasonable.
(6) Upon or in anticipation of a dissolution of a commercial entity, partners, owners, or members, or any combination thereof, may agree that none of them will carry on a similar commercial activity in the geographic area where the commercial activity has been transacted.
(Act 2015-465, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-191 - Protectable Interests.

Section 8-1-191
Protectable interests.
(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; prospective customer information; financial and investment information; management and marketing plans; business strategy, technique, and methodology; business models and data; processes and procedures; and company provided files, software, code, reports, documents, manuals, and forms used in the business that may not otherwise qualify as a trade secret but which are treated as confidential to the business entity, in whatever medium provided or preserved, such as in writing or stored electronically.
(3) Commercial relationships or contacts with specific prospective or existing customers, patients, vendors, or clients.
(4) Customer, patient, vendor, or client good will associated with any of the following:
a. An ongoing business, franchise, commercial, or professional practice, or trade dress.
b. A specific marketing or trade area.
(5) Specialized and unique training involving substantial business expenditure specifically directed to a particular agent, servant, or employee; provided that such training is specifically set forth in writing as the consideration for the restraint.
(b) Job skills in and of themselves, without more, are not protectable interests.
(Act 2015-465, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-192 - Requirements.

Section 8-1-192
Requirements.
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.
(Act 2015-465, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-193 - Voidable Restraints.

Section 8-1-193
Voidable restraints.
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 out in subsection (b) of Section 8-1-190, a court may void the restraint in its entirety.
(Act 2015-465, §4)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-194 - Burden of Proof.

Section 8-1-194
Burden of proof.
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.
(Act 2015-465, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-195 - Remedies and Defenses.

Section 8-1-195
Remedies and defenses.
(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 damages if provided in the contract.
(3) Any remedies available in contract law, including attorneys' fees or costs, if provided for in the contract or otherwise provided for by law.
(b) Nothing in this article shall limit the availability of any defense otherwise available in law or equity.
(Act 2015-465, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-196 - Professional Exemptions.

Section 8-1-196
Professional exemptions.
Nothing in this article shall be construed to eliminate any professional exemption recognized by Alabama law.
(Act 2015-465, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 10 - Restrictive Covenants, › Section 8-1-197 - Legislative Intent; Application.

Section 8-1-197
Legislative intent; application.
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 laws would violate a fundamental public policy expressed in this article.
(Act 2015-465, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-220 - Short Title.

Section 8-1-220
Short title.
This article shall be known and may be cited as the Alabama Non-Disparagement Obligations Act.
(Act 2021-503, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-221 - Definitions.

Section 8-1-221
Definitions.
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 agreement written solely for that purpose; and any written settlement between parties to a legal dispute written solely for that purpose, whether before, during, or after litigation, and the provisions thereof.
(2) DISPARAGING STATEMENT. Any statement that does any of the following:
a. Discredits or detracts from the reputation of a person's property, product, services, or business.
b. Diminishes or depreciates a person by direct or indirect comparisons to anything invidious, scandalous, criminal, or loathsome.
c. Raises doubts or questions about the quality, integrity, honesty, or character of a person or the person's affiliations.
d. Discredits or detracts from the reputation of another's character, property, product, or business by disclosing truthful but private information.
e. Discredits or detracts from the reputation of another's character, property, product, or business by disclosing truthful, but non-public information, or information gained within the context of a fiduciary relationship between the parties not otherwise protected by a trade secret statute.
f. Is knowingly or recklessly made by a party that has clear and direct information that the statement was plainly false or misleading by its unreasonable incompleteness and that the communication of the misleading information would cause specific loss.
(3) LIQUIDATED DAMAGES. The dollar sum that the parties have by the covered contract fixed or assessed as damages to be paid as compensation for a breach of contract.
(4) PERSON. An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, government subdivision, agency, or instrumentality, or any other legal or commercial entity.
(5) STATEMENT. Spoken words, remarks, comments, publications, opinions, and other expressions delivered orally, in writing, or through websites, blogs, postings to the Internet, emails, texts, or by other electronic means, whether done publicly or privately in one's own name, anonymously, or through the use of a pseudonym.
(Act 2021-503, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-222 - Validity and Enforceability of Non-Disparagement Obligations.

Section 8-1-222
Validity and enforceability of non-disparagement obligations.
(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 parties obligating one or more parties to the covered contract not to disparage one or more other parties to the covered contract is only enforceable by a civil action where all of the following elements are present:
(1) The covered contract contains language prohibiting one or more of the parties from disparaging one or more of the other parties, and may include specifically named individuals who are affiliated with, are employed by, or are owners of one or more of the parties.
(2) A disparaging statement is made by the person or party who is obligated not to make such statements.
(3) Either of the following occur:
a. The communication of the disparaging statement proximately results in identifiable damage to the plaintiff.
b. The terms of the covered contract automatically activate a liquidated damages provision, as defined in Section 8-1-221.
(c) Nothing in this article creates any cause of action for disparagement at law or equity absent a written non-disparagement obligation in the covered contract between the parties.
(d) Nothing in this article has any effect on any other term, condition, or covenant in a covered contract that is not specifically stated in this article.
(e) Nothing in this article prevents parties from having bilateral, unilateral, or multilateral non-disparagement obligations in other contracts, including, but not limited to, nondisclosure agreements.
(Act 2021-503, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-223 - Contracts to Be in Writing, Signed, and Supported by Adequate Consideration.

Section 8-1-223
Contracts to be in writing, signed, and supported by adequate consideration.
In order to be valid and enforceable, a covered contract shall be in writing, signed by all parties, and supported by adequate consideration.
(Act 2021-503, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-224 - Liability for Breach of Non-Disparagement Obligation.

Section 8-1-224
Liability for breach of non-disparagement obligation.
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 purposes:
(1) To communicate with a law enforcement officer acting within the line and scope of the officer's law enforcement duties that a violation of the law has occurred or is occurring.
(2) To communicate with a government regulator acting within the line and scope of the regulator's regulatory duties that a violation of the law has occurred or is occurring.
(3) To respond to a lawfully served judicial, grand jury, or other lawful subpoena.
(4) To testify in a judicial or administrative proceeding in response to a lawfully served subpoena or an order of a court of competent jurisdiction.
(5) To confer with the obligated party's attorney for the purpose of obtaining legal advice or representation.
(6) To respond to lawful discovery in a judicial or administrative action; provided the disparaging statement is either ordered by a court of competent jurisdiction or made in compliance with a protective order entered by the same court.
(7) To prosecute or defend a civil action between or among parties to a covered contract; provided the party making the disparaging statement attempts to and, if permitted by law, does file the disparaging statement and any related pleading under seal or in compliance with a protective order entered by a court of competent jurisdiction in the civil action.
(8) To exercise federally protected statutory rights, including, but not limited to, the exercise of rights under the National Labor Relations Act or the Civil Rights Act of 1964, as amended.
(Act 2021-503, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-225 - Enforcement Requirements; Sealing of Pleadings and Motions.

Section 8-1-225
Enforcement requirements; sealing of pleadings and motions.
(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 enforcement of a covered contract.
(b) A court of competent jurisdiction may exercise its judgment regarding what, if any, filings filed under seal pursuant to this section must remain under seal. In making this judgment, the court shall consider the extent to which unsealing any or all parts of the record would cause, perpetuate, or increase any injury to any of the litigants or related third parties.
(c) If any party files a motion to seal the pleadings, motions, or other filings associated with a claim under this article, the court shall seal or continue to seal the pleadings, motions, or other filings absent a showing by the non-moving party of a compelling public interest to partially or completely unseal the pleadings, motions, or other filings.
(d) To the extent allowed by law, the parties may include in a covered contract a requirement that notice be provided prior to providing to outside third parties information protected under this article.
(e) In a civil action for breach of a covered contract in which the only damage pleaded and requested by the plaintiff is liquidated damages, there shall be no required proof of actual damage. As used in this subsection, a request for an award of attorneys' fees, costs, and expenses is not considered damages or liquidated damages.
(Act 2021-503, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-226 - Severability of Unenforceable Provisions.

Section 8-1-226
Severability of unenforceable provisions.
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 covered contract.
(Act 2021-503, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-227 - Applicability of Article.

Section 8-1-227
Applicability of article.
(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 of any entity that is governed by Title 10A.
(c) Parties to a covered contract may disclaim the applicability of this article to their covered contract and thereby make this article inapplicable to their otherwise covered contract, provided the disclaimer expressly and plainly states that the parties to the covered contract are knowingly waiving this article.
(d) If the parties exercise the right to disclaim the provisions of this article under subsection (c), this article shall not be the basis for any interpretation or determination of enforceability of any of the provisions of the otherwise covered contract entered into by the parties.
(Act 2021-503, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-228 - Affirmative Defenses.

Section 8-1-228
Affirmative defenses.
(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:
(1) The disparaging statement was made in good faith.
(2) The disparaging statement was made by mistake.
(3) The disparaging statement caused no harm to the plaintiff.
(4) The disparaging statement was retracted in such a way as to eliminate or reduce the harm to the plaintiff.
(c) Unless it is specifically provided in the covered contract, none of the additional affirmative defenses apply to negate or diminish the effects or full enforcement of a liquidated damages provision in the covered contract.
(Act 2021-503, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-229 - Remedies.

Section 8-1-229
Remedies.
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 recoverable under existing law that are suffered as a result of the breach of contract.
(3) Liquidated damages, but only if provided for in the covered contract.
(4) Reasonable attorney's fees and costs, but only if provided for in the covered contract.
(Act 2021-503, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1 - Contracts. › Article 11 - Alabama Non-Disparagement Obligations Contract. › Section 8-1-230 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective January 1, 2022 This Is Not in the Current Code Supplement.

Section 8-1-230
Prospective application.
Nothing in this article shall affect any agreement executed prior to January 1, 2022.
(Act 2021-503, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-3 - Scope.

Section 8-1A-3
Scope.
(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 creation and execution of wills, codicils, or testamentary trusts.
(2) Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2, and Article 2A.
(3) A statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law.
(c) This chapter does not apply to any of the following:
(1) Court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.
(2) Any notice of any of the following:
a. The cancellation or termination of utility services, including water, heat, and power.
b. Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual.
c. The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities.
d. Recall of a product, or material failure of a product, that risks endangering health or safety.
(3) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) or (c) to the extent it is governed by a law other than those specified in subsection (b) or (c).
(e) A transaction subject to this chapter is also subject to other applicable substantive law.
(f) A governmental agency which is a party to a transaction subject to this chapter is also further subject to both of the following:
(1) The records retention requirements for state government records established by the State Records Commission.
(2) The records retention requirements for local government records established by the Local Government Records Commission.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-4 - Prospective Application.

Section 8-1A-4
Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after January 1, 2002.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-5 - Use of Electronic Records and Electronic Signatures; Variation by Agreement.

Section 8-1A-5
Use of electronic records and electronic signatures; variation by 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 has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-6 - Construction and Application.

Section 8-1A-6
Construction and application.
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 those practices.
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-7 - Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts.

Section 8-1A-7
Legal recognition of electronic records, electronic signatures, and 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 requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-9 - Attribution and Effect of Electronic Record and Electronic Signature.

Section 8-1A-9
Attribution and effect of electronic record and electronic signature.
(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 record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-10 - Effect of Change or Error.

Section 8-1A-10
Effect of change or error.
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 party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual meets the following requirements:
a. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
b. Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.
c. Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor subdivision (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) may not be varied by agreement.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-11 - Notarization and Acknowledgment.

Section 8-1A-11
Notarization and acknowledgment.
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 applicable law, is attached to or logically associated with the signature or record.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-12 - Retention of Electronic Records; Originals.

Section 8-1A-12
Retention of electronic records; originals.
(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 final form as an electronic record or otherwise.
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after January 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude the State Records Commission, Local Government Records Commission, or other governmental agency of this state from specifying additional requirements for the retention by the agency of a record subject to the agency's jurisdiction. The State Records Commission and the Local Government Records Commission may promulgate records retention standards for state and local government agencies to follow in compliance with this chapter.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-13 - Admissibility in Evidence.

Section 8-1A-13
Admissibility in evidence.
(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 other relevant and probative evidence, proof of the efficacy of any security procedure applied. This may include a showing that the procedure: (1) uniquely identifies the signer or creator of the record; (2) prevents others from using the same identifier; and/or (3) provides a mechanism for determining whether the data contained in the record was changed after it was created or signed. Evidence bearing on the means and the reliability with which the procedure performs these functions may also be considered.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-14 - Automated Transaction.

Section 8-1A-14
Automated transaction.
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 formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-15 - Time and Place of Sending and Receipt.

Section 8-1A-15
Time and place of sending and receipt.
(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 designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by that system.
(3) The record enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when the record meets the following requirements:
(1) The record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-17 - Creation and Retention of Electronic Records; Conversion of Written Records.

Section 8-1A-17
Creation and retention of electronic records; conversion of written 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 will create and retain electronic records and convert written records to electronic records.
(b) The governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall create and retain electronic records and convert written records to electronic records.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-18 - Acceptance and Distribution of Electronic Records and Electronic Signatures.

Section 8-1A-18
Acceptance and distribution of electronic records and electronic 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 Section 41-22-23 may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2) Except as otherwise provided in subsection (f) of Section 8-1A-12, the governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify each of the following:
(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes.
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process.
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
(c) Except as otherwise provided in subsection (f) of Section 8-1A-12, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-19 - Interoperability.

Section 8-1A-19
Interoperability.
(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 nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
(b) The Alabama Office of Information Technology, by rule, may provide a procedure for any agency under the purview of the office to create and retain electronic records, convert written records to electronic records, and accept electronic signatures. The rule shall satisfy the requirements of Sections 8-1A-17 and 8-1A-18, shall be permissive, and may not repeal or alter any existing or future agency rules relating to electronic signatures or electronic records.
(Act 2001-458, p. 597, §1; Act 2021-304, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 1A - Uniform Electronic Transactions Act. › Section 8-1A-20 - Severability.

Section 8-1A-20
Severability.
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 provisions of this chapter are severable.
(Act 2001-458, p. 597, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-1 - Authority of Agents Generally.

Section 8-2-1
Authority of agents generally.
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.
(Code 1923, §9534; Code 1940, T. 9, §68.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-2 - General Agent's Authority to Receive Price.

Section 8-2-2
General agent's authority to receive price.
A general agent to sell who is intrusted by the principal with the possession of the thing sold has authority to receive the price.
(Code 1923, §9536; Code 1940, T. 9, §70.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-3 - Special Agent's Authority to Receive Price.

Section 8-2-3
Special agent's authority to receive price.
A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
(Code 1923, §9537; Code 1940, T. 9, §71.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-4 - Agent's Authority to Effect Purpose of Agency and Represent Authority.

Section 8-2-4
Agent's authority to effect purpose of agency and represent authority.
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 to use his authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
(Code 1923, §9535; Code 1940, T. 9, §69.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-5 - Person Acting as Agent Warrants Authority He Assumes.

Section 8-2-5
Person acting as agent warrants authority he assumes.
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.
(Code 1923, §9542; Code 1940, T. 9, §76.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-6 - Principal Bound by Agent's Acts Under Ostensible Authority.

Section 8-2-6
Principal bound by agent's acts under ostensible authority.
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.
(Code 1923, §9539; Code 1940, T. 9, §73.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-7 - Principal Responsible for Negligence and Omission of Agent in Transacting Agency.

Section 8-2-7
Principal responsible for negligence and omission of agent in 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 and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
(Code 1923, §9541; Code 1940, T. 9, §75.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 2 - Agency. › Section 8-2-8 - Both Principal and Agent Have Notice of Whatever Either Has Notice Of.

Section 8-2-8
Both principal and agent have notice of whatever either has notice 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.
(Code 1923, §9538; Code 1940, T. 9, §72.)