Code of Alabama

Ala. Code § 8-1-194 (2026)

Burden of Proof.

✓ official Alabama Legislature (ALISON) text, current July 2026

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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.)

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Cajun Steamer Ventures LLC v. Thompson (N.D. Ala. 2019).

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Cajun Steamer Ventures LLC v. Thompson (N.D. Ala. 2019). “§ 8-1-194. Cajun Steamer did not allege any reasons in its complaint why a five-year restriction was necessary and also did not respond to this argument in Mr.”

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