reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 17: TRANSITION PROVISIONS › 13-C §1701. Application

§1701. Application
1.  Application.
Except as provided in subsection 2, this Act applies to all domestic corporations in existence on the effective date of this Act that were incorporated under any general statute of this State providing for incorporation of corporations for profit or with shares or under any act providing for the creation of special classes of corporations and any corporation created by special act of the Legislature, if power to amend or repeal the law under which the corporation was incorporated was reserved. Nothing contained in this Act is intended to alter or codify the business judgment rule as developed by the courts of this State or to limit its further development.
[PL 2003, c. 344, Pt. B, §136 (AMD).]
2.  Exceptions.
This Act does not apply to:
A. Any class of corporations to the extent that any provision of any other law is specifically applicable to that class of corporations and is inconsistent with any provision of this Act, in which case the other provision of law prevails; and   [PL 2001, c. 640, Pt. A, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
B. Any corporation created by special act of the Legislature, to the extent that this Act is inconsistent with that special act.   [PL 2001, c. 640, Pt. A, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
[PL 2001, c. 640, Pt. A, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
3.  Validity of articles or bylaws.
The validity of any provision of the articles of incorporation or the bylaws of a corporation existing on July 1, 2003 must be determined with reference to the law that was in effect at the time when the provision was adopted or with reference to this Act, whichever supports the validity of such provision. A provision of a corporation's articles of incorporation or bylaws that was valid under the law in existence at the time the same was adopted remains in effect, notwithstanding a contrary provision of this Act, until repealed or amended by voluntary act of the corporation, but any amendment to such a provision must be adopted by the procedures set out in this Act and must, as amended, conform to the requirements of this Act.
[PL 2001, c. 640, Pt. A, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
4.  Electronic Signatures in Global and National Commerce Act.
In the event that any provisions of this Act are deemed to modify, limit or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., the provisions of this Act shall control to the maximum extent permitted by Section 102(a)(2) of that federal Act.
[PL 2011, c. 274, §81 (NEW).]
SECTION HISTORY
PL 2001, c. 640, §A2 (NEW). PL 2001, c. 640, §B7 (AFF). PL 2003, c. 344, §B136 (AMD). PL 2011, c. 274, §81 (AMD).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 17: TRANSITION PROVISIONS › 13-C §1702. Application to qualified foreign corporations

§1702. Application to qualified foreign corporations
A foreign corporation authorized to transact business in this State on the effective date of this Act is subject to this Act but is not required to obtain a new certificate of authority to transact business under this Act.   [PL 2001, c. 640, Pt. A, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §A2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13-C §1801. Application and effect of chapter

§1801. Application and effect of chapter
1.  Application of chapter.
This chapter applies to all benefit corporations.
[PL 2019, c. 328, §1 (NEW).]
2.  Application of corporation law generally.
This chapter does not create an implication that a contrary or different rule of law applies to a corporation that is not a benefit corporation. This chapter does not affect a statute or rule of law that applies to a corporation that is not a benefit corporation.
[PL 2019, c. 328, §1 (NEW).]
3.  Laws applicable.
Except as otherwise provided in this chapter, this Title is generally applicable to all benefit corporations. A benefit corporation may be subject simultaneously to this chapter and Title 13, chapter 22‑A. This chapter supersedes other provisions of this Title and Title 13, chapter 22‑A with regard to benefit corporations.
[PL 2019, c. 328, §1 (NEW).]
4.  Limit on articles and bylaws.
A provision of the articles of incorporation or bylaws of a benefit corporation may not limit, be inconsistent with or supersede a provision of this chapter.
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13-C §1803. Incorporation of benefit corporation

§1803. Incorporation of benefit corporation
A benefit corporation must be incorporated in accordance with chapter 2, and its articles of incorporation must state that it is a benefit corporation.   [PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13-C §1804. Election of benefit corporation status

§1804. Election of benefit corporation status
1.  Existing corporation.
An existing corporation may become a benefit corporation under this chapter by amending its articles of incorporation so that they contain, in addition to the requirements of section 202, a statement that the corporation is a benefit corporation. In order to be effective, the amendment must be adopted by at least the minimum status vote.
[PL 2019, c. 328, §1 (NEW).]
2.  Mergers, conversions and share exchanges.
This subsection governs mergers, conversions and share exchanges when the resulting entity is a benefit corporation.
A. Except as provided in paragraph B, if a domestic entity that is not a benefit corporation is a party to a merger or conversion or the exchanging entity in a share exchange and the surviving, new or resulting entity in the merger, conversion or share exchange is to be a benefit corporation, the plan of merger, conversion or share exchange must be approved by the domestic entity by at least the minimum status vote.   [PL 2019, c. 328, §1 (NEW).]
B. Paragraph A does not apply in the case of a corporation that is a party to a merger if the shareholders of the corporation are not entitled to vote on the merger pursuant to section 1105.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13-C §1805. Termination of benefit corporation status

§1805. Termination of benefit corporation status
1.  Termination.
A benefit corporation may terminate its status as such and cease to be subject to this chapter by amending its articles of incorporation to delete the provision required by section 1803 or 1804 to be stated in the articles of a benefit corporation. In order to be effective, the amendment must be adopted by at least the minimum status vote.
[PL 2019, c. 328, §1 (NEW).]
2.  Mergers, conversions and share exchanges.
This subsection governs mergers, conversions and share exchanges when the resulting entity is not a benefit corporation.
A. Except as provided in paragraph B, if a plan of merger, conversion or share exchange would have the effect of terminating the status of a corporation as a benefit corporation, the plan must be adopted by at least the minimum status vote in order to be effective.   [PL 2019, c. 328, §1 (NEW).]
B. Paragraph A does not apply in the case of a corporation that is a party to a merger if the shareholders of the corporation are not entitled to vote on the merger pursuant to section 1105.   [PL 2019, c. 328, §1 (NEW).]
C. Any sale, lease, exchange or other disposition of all or substantially all of the assets of a benefit corporation, unless the transaction is in the usual and regular course of business, is not effective unless the transaction is approved by at least the minimum status vote.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 2: CORPORATE PURPOSES › 13-C §1811. Corporate purposes

§1811. Corporate purposes
1.  General public benefit purpose.
A benefit corporation must have a purpose of creating general public benefit. This purpose is in addition to its purpose under section 301.
[PL 2019, c. 328, §1 (NEW).]
2.  Optional specific public benefit purpose.
The articles of incorporation of a benefit corporation may identify one or more specific public benefits that it is the purpose of the benefit corporation to create in addition to its purposes under section 301 and subsection 1. The identification of a specific public benefit under this subsection does not limit the purpose of a benefit corporation to create general public benefit under subsection 1.
[PL 2019, c. 328, §1 (NEW).]
3.  Effect of purposes.
The creation of general public benefit and a specific public benefit under subsections 1 and 2 is in the best interests of the benefit corporation.
[PL 2019, c. 328, §1 (NEW).]
4.  Amendment.
A benefit corporation may amend its articles of incorporation to add, amend or delete the identification of a specific public benefit that it is the purpose of the benefit corporation to create. In order to be effective, the amendment must be adopted by at least the minimum status vote.
[PL 2019, c. 328, §1 (NEW).]
5.  Professional corporation.
A professional corporation that is a benefit corporation does not violate Title 13, section 732 by having the purpose to create general public benefit or a specific public benefit.
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 3: ACCOUNTABILITY › 13-C §1822. Benefit director

§1822. Benefit director
1.  General rule.
The board of directors of a benefit corporation that is a public corporation shall, and the board of any other benefit corporation may, include a director, who:
A. Is designated the benefit director; and   [PL 2019, c. 328, §1 (NEW).]
B. Has, in addition to the powers, duties, rights and immunities of the other directors of the benefit corporation, the powers, duties, rights and immunities provided in this chapter for a benefit director.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
2.  Election, removal and qualifications.
The benefit director must be elected, and may be removed, in the manner provided by chapter 8, subchapter 1. Except as provided in subsection 6, the benefit director must be an individual who is independent. The benefit director may also serve as the benefit officer. The articles of incorporation or bylaws of a benefit corporation may prescribe additional qualifications of the benefit director not inconsistent with this subsection.
[PL 2019, c. 328, §1 (NEW).]
3.  Annual compliance statement.
The benefit director shall prepare, and the benefit corporation shall include in the annual benefit report to shareholders required by section 1832, the opinion of the benefit director on the following:
A. Whether the benefit corporation acted in accordance with its general public benefit purpose and any specific public benefit purpose in all material respects during the period covered by the report; and   [PL 2019, c. 328, §1 (NEW).]
B. Whether the directors and officers complied with section 1821, subsection 1 and section 1823, subsection 1, respectively.   [PL 2019, c. 328, §1 (NEW).]
If, in the opinion of the benefit director, the benefit corporation or its directors or officers failed to act or comply in the manner described in paragraphs A and B, the benefit director must provide in the report a description of the ways in which the benefit corporation or its directors or officers failed to act or comply.
[PL 2019, c. 328, §1 (NEW).]
4.  Status of actions.
An act or inaction of an individual in the capacity of a benefit director constitutes for all purposes an act of that individual in the capacity of a director of the benefit corporation.
[PL 2019, c. 328, §1 (NEW).]
5.  Exoneration from personal liability.
Regardless of whether the articles of incorporation of a benefit corporation include a provision eliminating or limiting the personal liability of directors authorized by section 202, subsection 2, paragraph D, a benefit director is not personally liable for an act or omission in the capacity of a benefit director unless the act or omission constitutes self-dealing, willful misconduct or a knowing violation of law.
[PL 2019, c. 328, §1 (NEW).]
6.  Professional corporation.
The benefit director of a professional corporation as defined in Title 13, section 723, subsection 4 does not need to be independent.
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 3: ACCOUNTABILITY › 13-C §1823. Standard of conduct for officers

§1823. Standard of conduct for officers
1.  General rule.
An officer of a benefit corporation shall consider the interests and factors described in section 1821, subsection 1 in the manner provided in section 1821, subsection 1 if:
A. The officer has discretion to act with respect to a matter; and   [PL 2019, c. 328, §1 (NEW).]
B. It reasonably appears to the officer that the matter may have a material effect on the creation by the benefit corporation of general public benefit or a specific public benefit identified in the articles of incorporation of the benefit corporation.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
2.  Coordination with other provisions of law.
The consideration of interests and factors in the manner provided in subsection 1 does not constitute a violation of section 843.
[PL 2019, c. 328, §1 (NEW).]
3.  Exoneration from personal liability.
Except as provided in the articles of incorporation, an officer is not personally liable for monetary damages for:
A. An action or inaction as an officer in the course of performing the duties of an officer under subsection 1 if the officer performed the duties of the position in compliance with section 843 and this section; or   [PL 2019, c. 328, §1 (NEW).]
B. Failure of the benefit corporation to pursue or create general public benefit or a specific public benefit.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
4.  Limitation on standing.
An officer does not have a duty to a person that is a beneficiary of general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.
[PL 2019, c. 328, §1 (NEW).]
5.  Business judgments.
An officer who makes a business judgment in good faith fulfills the duty under this section if the officer:
A. Is not interested in the subject of the business judgment;   [PL 2019, c. 328, §1 (NEW).]
B. Is informed with respect to the subject of the business judgment to the extent the officer reasonably believes to be appropriate under the circumstances; and   [PL 2019, c. 328, §1 (NEW).]
C. Rationally believes that the business judgment is in the best interests of the benefit corporation.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 3: ACCOUNTABILITY › 13-C §1824. Benefit officer

§1824. Benefit officer
1.  Designation.
A benefit corporation may have an officer designated the benefit officer.
[PL 2019, c. 328, §1 (NEW).]
2.  Functions.
A benefit officer has:
A. The powers and duties relating to the purpose of the corporation to create general public benefit or a specific public benefit provided by the bylaws or, absent controlling provisions in the bylaws, by resolution or order of the board of directors; and   [PL 2019, c. 328, §1 (NEW).]
B. The duty to prepare the benefit report required by section 1831.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 3: ACCOUNTABILITY › 13-C §1825. Right of action

§1825. Right of action
1.  General rule.
Except in a benefit enforcement proceeding, a person may not bring an action or assert a claim against a benefit corporation or its directors or officers with respect to:
A. Failure to pursue or create general public benefit or a specific public benefit set forth in the articles of incorporation; or   [PL 2019, c. 328, §1 (NEW).]
B. Violation of an obligation, duty or standard of conduct under this chapter.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
2.  Limitation on liability of corporation.
A benefit corporation is not liable for monetary damages under this chapter for any failure of the benefit corporation to pursue or create general public benefit or a specific public benefit.
[PL 2019, c. 328, §1 (NEW).]
3.  Standing.
A benefit enforcement proceeding may be commenced or maintained only:
A. Directly by the benefit corporation; or   [PL 2019, c. 328, §1 (NEW).]
B. Derivatively in accordance with chapter 7, subchapter 4 by:
(1) A person or group of persons that owned beneficially or of record at least 2% of the total number of shares of a class or series outstanding at the time of the act or omission complained of;
(2) A director;
(3) A person or group of persons that owned beneficially or of record 5% or more of the outstanding equity interests in an entity of which the benefit corporation is a subsidiary at the time of the act or omission complained of; or
(4) Other persons as specified in the articles of incorporation or bylaws of the benefit corporation.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
4.  Beneficial ownership.
For purposes of this section, a person is the beneficial owner of shares or equity interests if the shares or equity interests are held in a voting trust or by a nominee on behalf of the beneficial owner.
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13-C: MAINE BUSINESS CORPORATION ACT › Chapter 18: BENEFIT CORPORATIONS › Subchapter 4: TRANSPARENCY › 13-C §1832. Availability of annual benefit report

§1832. Availability of annual benefit report
1.  Timing of report.
A benefit corporation shall send its annual benefit report to each shareholder on the earlier of:
A. One hundred and twenty days following the end of the fiscal year of the benefit corporation; and   [PL 2019, c. 328, §1 (NEW).]
B. At the same time the benefit corporation delivers any other annual report to its shareholders.   [PL 2019, c. 328, §1 (NEW).]
[PL 2019, c. 328, §1 (NEW).]
2.  Website posting.
A benefit corporation shall post all of its annual benefit reports on the public portion of its website. The compensation paid to directors and financial or proprietary information included in the benefit reports may be omitted from the annual benefit reports as posted.
[PL 2019, c. 328, §1 (NEW).]
3.  Availability of copies.
If a benefit corporation does not have a website, the benefit corporation shall provide a copy of its most recent annual benefit report, without charge, to any person that requests a copy, but the compensation paid to directors and financial or proprietary information included in the annual benefit report may be omitted from the copy of the annual benefit report provided.
[PL 2019, c. 328, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 328, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §1. Treasurers may bring action in own name

§1. Treasurers may bring action in own name
Treasurers of state, counties, towns and corporations may maintain civil actions in their own names as treasurers on contracts given to them or their predecessors and prosecute civil actions pending in the names of their predecessors.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §2. Actions by unincorporated societies

§2. Actions by unincorporated societies
Any organized unincorporated society or association may sue in the name of its trustees for the time being and may maintain an action, though the defendant or defendants or some of them are members of the same society or association.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §3. Guardian of incompetent party; compensation

§3. Guardian of incompetent party; compensation
A guardian appointed to prosecute or defend an action for an incompetent party is entitled to a reasonable compensation and is not liable for costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §4. Action on real covenants of first grantor by assignee of grantee

§4. Action on real covenants of first grantor by assignee of grantee
The assignee of a grantee or his executor or administrator after eviction by an older and better title may maintain an action on a covenant of seizin or freedom from encumbrance contained in absolute deeds of the premises between the parties, and recover such damages as the first grantee might have recovered on eviction, upon filing, with his complaint or at such later time as the court permits, for the use of his grantor, a release of the covenants of his deed and of all causes of action thereon. The prior grantee cannot, in such case, release the covenants of the first grantor to the prejudice of his grantee.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §5. Grantee may defend action

§5. Grantee may defend action
Grantees may appear and defend in civil actions against their grantors in which the real estate conveyed is attached.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 1: PARTIES › 14 §6. Property of deceased debtor on joint contract liable (REPEALED)

§6. Property of deceased debtor on joint contract liable
(REPEALED)
SECTION HISTORY
PL 1965, c. 351, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §11. Definitions

§11. Definitions
In this subchapter, unless otherwise expressly stated, obligation does not include a liability in tort; obligor does not include a person liable for a tort; obligee does not include a person having a right based on a tort. Several obligors means severally bound for the same performance.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §12. Discharge of co-obligor by judgment

§12. Discharge of co-obligor by judgment
A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §13. Payments credited to co-obligors

§13. Payments credited to co-obligors
The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §14. Release with reservation of rights

§14. Release with reservation of rights
Subject to section 13, the obligee's release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge co-obligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves his rights; and in the absence of such a reservation of rights shall discharge co-obligors only to the extent provided in section 15.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §15. Release without reservation of rights

§15. Release without reservation of rights
If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as he was bound by his contract or relation with the co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.   [PL 1965, c. 351, §1 (NEW).]
If an obligee so releasing or discharging, an obligor has not then such knowledge or reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the lesser of 2 amounts, namely; the amount of the fractional share of the obligor released or discharged, or the amount that such obligor was bound by his contract or relation with the co-obligor to pay.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §16. Death of joint obligor

§16. Death of joint obligor
On the death of a joint obligor in contract, his estate shall be bound as such, jointly and severally with the surviving obligor or obligors.   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 1: PARTIES AND TITLE OF ACTIONS › Subchapter 2: MODEL JOINT OBLIGATIONS ACT › 14 §17. Uniformity of interpretation; title

§17. Uniformity of interpretation; title
This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and may be cited as the Model Joint Obligations Act   [PL 1965, c. 351, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 351, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 3: PLEADINGS › 14 §51. Actions on insurance policies

§51. Actions on insurance policies
In all actions on insurance policies, a complaint on an account annexed, with an allegation that the plaintiff has complied with all conditions of the policy of insurance mentioned in the account annexed, shall be deemed sufficient. The account annexed shall state the number of the policy and the amount claimed as due, both as principal sum and interest, if any. The fact that the amount claimed in the account annexed varies from the amount found to be due the plaintiff shall not defeat the action unless there be a fraudulent claim of an excessive amount. If the defendant relies upon the breach of any condition of the policy by the plaintiff as a defense, it shall set the same up by answer, and all conditions, the breach of which is known to the defendant and not so pleaded, shall be deemed to have been complied with by the plaintiff. The plaintiff by a reply to the answer may set up any matter waiving or legally excusing his noncompliance with conditions as alleged by the defendant. Nothing in this section shall be construed as changing in any way the common law burden of proof as to such matters as are so put in issue under the pleadings.   [PL 1979, c. 541, Pt. A, §137 (AMD).]
SECTION HISTORY
PL 1979, c. 541, §A137 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 3: PLEADINGS › 14 §52. Ad damnum clause

§52. Ad damnum clause
No dollar amount or figure may be included in the demand in any civil case, but the prayer must be for such damages as are reasonable in the premises. This section does not apply to a demand for liquidated damages.   [PL 2001, c. 17, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 646, §1 (NEW). PL 2001, c. 17, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 5: TENDER AND OFFER OF JUDGMENT › 14 §101. Trespass on land; tender

§101. Trespass on land; tender
In actions for trespass on lands, the defendant may by answer disclaim all title to the land described, and allege that the trespass was involuntary, or by negligence or mistake, or in the prosecution of a legal right, and that before action brought the defendant tendered sufficient amends therefor or that the defendant brings money into court to satisfy the damages with costs to that time. If on trial the defendant establishes the truth of the defendant's allegations, the defendant recovers costs.   [RR 2009, c. 2, §29 (COR).]
SECTION HISTORY
RR 2009, c. 2, §29 (COR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 5: TENDER AND OFFER OF JUDGMENT › 14 §102. Town may make an offer of judgment

§102. Town may make an offer of judgment
In actions against towns for injury to the person or damage to property from defect in ways, a town may make an offer of judgment in the same manner and with the same effect as defendants in other civil actions.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §151. Partial failure of consideration of note

§151. Partial failure of consideration of note
In any civil action in which the amount due on a promissory note given for the price of land conveyed is in question and a total failure of consideration would be a defense, partial failure of consideration may be shown in reduction of damages.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §152. Truth justifies libel unless malice (REPEALED)

§152. Truth justifies libel unless malice
(REPEALED)
SECTION HISTORY
PL 1985, c. 290, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §153. Mitigation of damages in action for libel

§153. Mitigation of damages in action for libel
The defendant in an action for libel may prove in mitigation of damages that the charge was made by mistake or through error or by inadvertence and that the defendant has in writing, within a reasonable time after the publication of the charge, retracted the charge and denied its truth as publicly and as fully as the defendant made the charge. The defendant may prove in mitigation of damages that the plaintiff failed to notify the defendant of the libel in a timely fashion and that the defendant was therefore unable to lessen damage to the plaintiff's reputation. The defendant may prove in mitigation of damages that the plaintiff has already recovered or has brought action for damages for, or has received or has agreed to receive compensation for, substantially the same libel.   [RR 2009, c. 2, §30 (COR).]
SECTION HISTORY
PL 1979, c. 663, §74 (AMD). PL 1985, c. 290, §2 (AMD). RR 2009, c. 2, §30 (COR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §153-A. Defense in action based on misuse of legal identification

§153-A. Defense in action based on misuse of legal identification
It is a defense to a civil action for monetary damages that the damages arose from the misuse of a form of legal identification and the use of that identification has resulted in the conviction of a person other than the defendant under Title 17‑A, sections 354 and 905‑A. The defense may be raised only by the person whose identification was misused.   [PL 1999, c. 190, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 190, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §155. No action on demands discharged by partial payment

§155. No action on demands discharged by partial payment
No action shall be maintained on a demand settled by a creditor or his attorney entrusted to collect it, in full discharge thereof, by the receipt of money or other valuable consideration, however small.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §157. Government agencies (REPEALED)

§157. Government agencies
(REPEALED)
SECTION HISTORY
PL 1965, c. 425, §§8-A (NEW). PL 1969, c. 428 (RPR). PL 1977, c. 2, §1 (RP). PL 1977, c. 78, §§111,111-A (REEN).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §158. Damages for tortious conduct of charitable organizations

§158. Damages for tortious conduct of charitable organizations
A charitable organization is considered to have waived its immunity from liability for negligence or any other tort during the period a policy of insurance is effective covering the liability of the charitable organization for negligence or any other tort. Each policy issued to a charitable organization must contain a provision to the effect that the insurer is estopped from asserting, as a defense to any claim covered by the policy, that the organization is immune from liability on the ground that it is a charitable organization. Except as provided in section 158‑C, subsection 2, the amount of damages in any such case may not exceed the limits of coverage specified in the policy, and the courts shall abate any verdict in any such action to the extent that it exceeds the limits.   [PL 2023, c. 351, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 513, §28 (NEW). PL 2023, c. 351, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §158-B. Limited liability of charitable organizations

§158-B. Limited liability of charitable organizations
1.  Liability limited.
A charitable organization or other entity approved pursuant to Title 15, section 3301 or 3314 or pursuant to Title 17‑A, section 2031 is not liable for a claim arising from death or injury to a person or damage to property caused by a juvenile or adult participating in a supervised work or service program, performing community service or providing restitution under Title 15, section 3301 or 3314 or under Title 17‑A, section 2031, including a claim arising from death or injury to the juvenile or adult or damage to the adult's or juvenile's property.
[PL 2019, c. 113, Pt. C, §26 (AMD).]
2.  No effect on other liability or immunity.
Nothing in this section creates liability for any claim or waives any immunity otherwise available.
[PL 1997, c. 619, §1 (NEW).]
3.  Charitable organization defined.
For the purposes of this section, "charitable organization" means any nonprofit institution or organization organized or incorporated in this State or having a principal place of business in this State that is exempt from federal income taxation under the United States Internal Revenue Code, Section 501(a) because the nonprofit organization is described in the United States Internal Revenue Code, Section 501(c)(3).
[PL 2007, c. 275, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 619, §1 (NEW). PL 2007, c. 275, §1 (AMD). PL 2019, c. 113, Pt. C, §26 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §158-C. Limitation on immunity of charitable organizations

§158-C. Limitation on immunity of charitable organizations
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Charitable organization" has the same meaning as in section 158‑B, subsection 3.   [PL 2023, c. 351, §2 (NEW).]
B. "Minor" means an individual who has not attained 18 years of age.   [PL 2023, c. 351, §2 (NEW).]
C. "Sexual assault or sexual exploitation of a minor" means any crime described in Title 17‑A, chapters 11 or 12 against a minor.   [PL 2023, c. 351, §2 (NEW).]
[PL 2023, c. 351, §2 (NEW).]
2.  Recoverable damages.
Notwithstanding section 158, the amount of any insurance coverage specified in any policy issued to a charitable organization does not limit the amount of damages recoverable for any torts described in subsection 3.
[PL 2023, c. 351, §2 (NEW).]
3.  Immunity not available for sexual assault or sexual exploitation of a minor.
Notwithstanding any provision of law to the contrary, a charitable organization is not immune from liability for any tort alleging negligent hiring, supervision or retention of an employee, agent or servant that arises out of sexual assault or sexual exploitation of a minor.
[PL 2023, c. 351, §2 (NEW).]
4.  Immunity not available for intentional torts.
A charitable organization is not immune from liability for intentional torts.
[PL 2023, c. 351, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 351, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §159. Social and business invitees, standards of care

§159. Social and business invitees, standards of care
The standards of care for a social invitee shall be the same as that of a business invitee.   [PL 1967, c. 366 (NEW).]
SECTION HISTORY
PL 1967, c. 366 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §159-C. Liability related to placement of navigational aids in great ponds

§159-C. Liability related to placement of navigational aids in great ponds
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Great pond" has the meaning given in Title 38, section 480‑B, subsection 5.   [PL 1997, c. 739, §10 (NEW).]
B. "Lake association" means a nonprofit organization incorporated under state law whose corporate purpose includes maintenance or improvement of water quality or public safety on a great pond, management of water levels or other social, educational, stewardship or advocacy efforts to benefit users of or the natural environment of a great pond.   [PL 1997, c. 739, §10 (NEW).]
C. "Navigational aid markers" means navigational aids that conform to rules governing the State's marking of waterways.   [PL 1997, c. 739, §10 (NEW).]
[PL 1997, c. 739, §10 (NEW).]
2.  Limited liability.
A lake association that has obtained a permit from the former Department of Conservation or the Department of Agriculture, Conservation and Forestry to place navigational aid markers in great ponds is not liable for personal injury, property damage or death caused by placement or maintenance of those navigational aid markers as long as the lake association has placed or maintained the markers in conformance with the terms and conditions of the permit.
[PL 2013, c. 405, Pt. D, §12 (AMD).]
3.  No remuneration.
In order to qualify for the immunity granted in subsection 2, a lake association may not receive any remuneration from the State or otherwise for placing navigational aid markers in great ponds.
[PL 1997, c. 739, §10 (NEW).]
4.  Limitations.
This section does not limit any liability that may otherwise exist for willful or malicious actions or failures to guard or warn against a known dangerous condition related to the navigational aid markers.
[PL 1997, c. 739, §10 (NEW).]
5.  No duty created.
Nothing in this section creates a duty of care or ground for liability.
[PL 1997, c. 739, §10 (NEW).]
6.  Costs and fees.
The court may award any direct legal costs, including reasonable attorney's fees, to a lake association against which a tort or related action is brought when the lake association is found not liable pursuant to this section.
[PL 1997, c. 739, §10 (NEW).]
SECTION HISTORY
PL 1997, c. 739, §10 (NEW). PL 2013, c. 405, Pt. D, §12 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §159-D. Liability related to a bicyclist using a drive-up window

§159-D. Liability related to a bicyclist using a drive-up window
1.  Limited liability.
An establishment that has a drive-up window is not liable for personal injury, property damage or death caused to a bicyclist who uses that establishment's drive-up window.
[PL 2007, c. 400, §1 (NEW).]
2.  Limitations.
This section does not limit any liability that may otherwise exist for willful or malicious actions or failures to guard or warn against a known dangerous condition related to the use of the drive-up window.
[PL 2007, c. 400, §1 (NEW).]
3.  No duty created.
This section does not create a duty of care or ground for liability.
[PL 2007, c. 400, §1 (NEW).]
4.  Costs and fees.
The court may award any direct legal costs, including reasonable attorney's fees, to an establishment that is found not to be liable for injury to a bicyclist pursuant to this section.
[PL 2007, c. 400, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 400, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §160. Certain cases of negligence

§160. Certain cases of negligence
In actions to recover damages for negligently causing the death of a person or for injury to a person who is deceased at the time of trial of such action, the person for whose death or injury the action is brought shall be presumed to have been in the exercise of due care at the time of all acts in any way related to his death or injury, and if negligence of the deceased is to be relied on as a defense, it shall be pleaded and proved by the defendant.   [PL 1967, c. 494, §15-A (NEW).]
SECTION HISTORY
PL 1967, c. 494, §§15-A (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §161. When lack of privity no defense in action against manufacturer, seller or supplier of goods

§161. When lack of privity no defense in action against manufacturer, seller or supplier of goods
Lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer, seller or supplier of goods under Title 14, section 221 or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer, seller or supplier might reasonably have expected to use, consume or be affected by the goods.   [PL 1973, c. 788, §57 (AMD).]
SECTION HISTORY
PL 1969, c. 327, §2 (NEW). PL 1973, c. 441, §2 (RPR). PL 1973, c. 788, §57 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §162. Settlement or release of claims

§162. Settlement or release of claims
Whenever a person seeks to recover against another person for both personal injury and property damage, settlement or release of either the personal injury or property damage claim shall not be a bar to a subsequent action upon the other claim.   [PL 1969, c. 230 (NEW).]
SECTION HISTORY
PL 1969, c. 230 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §163. Release of joint tortfeasors

§163. Release of joint tortfeasors
Whenever a person seeks recovery for a personal injury or property damage caused by 2 or more persons, the settlement with or release of one or more of the persons causing the injury is not a bar to a subsequent action against the other person or persons also causing the injury.   [PL 1999, c. 633, §2 (AMD); PL 1999, c. 633, §3 (AFF).]
Evidence of settlement with a release of one or more persons causing the injury is not admissible at a subsequent trial against the other person or persons also causing the injury. After the jury has returned its verdict, the trial judge shall inquire of the attorneys for the parties whether such a settlement or release has occurred. If such settlement or release has occurred, the trial judge shall reduce the verdict by an amount equal to the settlement with or the consideration for the release of the other persons. With regard to a settlement in which the plaintiff has entered into an agreement that precludes the plaintiff from collecting against remaining parties that portion of any damages attributable to the settling defendant's share of responsibility, the judge shall reduce the plaintiff's judgment by either the amount determined at trial to be attributable to the settling defendant's share of responsibility, if any was found, or, if no such finding is made, by the value of the consideration given to the plaintiff for the settlement.   [PL 1999, c. 633, §2 (AMD); PL 1999, c. 633, §3 (AFF).]
SECTION HISTORY
PL 1969, c. 19 (NEW). PL 1999, c. 633, §2 (AMD). PL 1999, c. 633, §3 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 1: GENERAL PROVISIONS › Chapter 7: DEFENSES GENERALLY › 14 §164. Immunity from civil liability

§164. Immunity from civil liability
Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment or rescue assistance to a person who is unconscious, ill, injured or in need of rescue assistance, shall not be liable for damages for injuries alleged to have been sustained by such person nor for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid, emergency treatment or rescue assistance, unless it is established that such injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person. This section shall apply to members or employees of nonprofit volunteer or governmental ambulance, rescue or emergency units, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the members or employees receive salaries or other compensation from the nonprofit unit or the governmental entity. This section shall not be construed to require a person who is ill or injured to be administered first aid or emergency treatment if such person objects thereto on religious grounds. This section shall not apply if such first aid or emergency treatment or assistance is rendered on the premises of a hospital or clinic.   [PL 1977, c. 69 (AMD).]
SECTION HISTORY
PL 1969, c. 565 (NEW). PL 1975, c. 452, §1 (RPR). PL 1975, c. 679, §1 (AMD). PL 1977, c. 69 (AMD).