Alabama § 8-1-228 - Affirmative Defenses.
Full text of Alabama Code of Alabama § 8-1-228 — Affirmative Defenses., with citation guidance and answers to common questions.
§ 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(4) The disparaging statement was retracted in such a way as to eliminate or reduce the harm to the plaintiff.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.
Frequently Asked Questions About Alabama § 8-1-228
What does Code of Alabama § 8-1-228 cover?
Section 8-1-228 ("Affirmative Defenses.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 8-1-228?
A common citation format is "Code of Alabama § 8-1-228" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 8-1-228 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.