Maine Revised Statutes Title 10 Sec. 1447 – Civil remedies
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Terms Used In Maine Revised Statutes Title 10 Sec. 1447
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432
- person: includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1432
- Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Warrantor: means a person, firm, corporation or business entity, including a manufacturer or supplier, that provides a written warranty to the customer in connection with a new recreational vehicle or parts, accessories or components of a new recreational vehicle. See Maine Revised Statutes Title 10 Sec. 1432
Any manufacturer, warrantor, dealer or recreational vehicle dealer who has been damaged by reason of a violation of a provision of this chapter may bring an action to enjoin a person from acting as a dealer without being properly licensed, from violating or continuing to violate any of the provisions of this chapter, or from failing or refusing to comply with the requirements of this chapter, and to recover any damages arising from that violation of any part of this chapter. The injunction must be issued without bond. A single act in violation of the provisions of this chapter is sufficient to authorize the issuance of an injunction. A final judgment, order or decree rendered against a person in any civil, criminal or administrative proceeding under the federal antitrust laws, the Federal Trade Commission Act or under the Maine Revised Statutes is prima facie evidence against that person subject to the conditions set forth in the federal antitrust laws, 15 United States Code § 16. Each party is responsible for its own attorney’s fees and court costs. Neither party has a claim on such expenses from the other party. [PL 2009, c. 562, §29 (AMD).]
SECTION HISTORY
PL 1997, c. 427, §2 (NEW). PL 2009, c. 562, §29 (AMD).