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Our team of attorneys handle business litigation needs across Tennessee, including in Memphis, Jackson, Nashville and beyond. We handle commercial litigation cases for businesses both large and small on a variety of topics.
Contactual disputes constitute almost two-thirds of all business litigations filed in Tennessee. One party suffering from losses because of the failure of the other party to adhere to contractual obligations has the option to seek a wide range of legal remedies under the Tennessee law on breach of contract.
Tennessee state law offers various legal consequences for material and non-material breach of contracts which falls under three categories.
- Breach of commercial contracts agreed between businesses
- Disputes related to consumer contracts
- Violation of written or oral contracts involving individuals
Tennessee Breach of Contract: Written vs. Verbal Contracts
When a contract is documented and presented in a written format, it assumes greater legal credibility under the state law. The claims made in a Tennessee breach of contract lawsuit filed for contravention of agreed terms is judged in the light of what is written in the document. Though there may be implied or reference statements going beyond the written words, the court more often gives credence to what is documented. When legal interpretation of written terms or third-party testimony results in recognition of some of these statements, these are accepted as “parol evidence,” which may influence the trial process. Many contracts often include a clause renouncing acceptance of such parol evidence in case of future disputes.
Though breach of contract law in Tennessee is overwhelmingly in favor of written agreements, verbal contacts are not completely ruled out. The Statute of Frauds is complex area of the law when there is an absence of contract documents. Nevertheless, there are certain circumstances involving consumer-seller relations where verbal contracts are more pronounced. If one finds Tennessee’s contract law is more cumbersome to seek damages for violation of verbal contracts, he or she can use available other legal recourse, such misrepresentation claims. You should speak to a Tennessee breach of contract lawyer for more information.
What Is Misrepresentation Claim
When one provides any good or services to the other, he is expected to be abided by warranty claims similar to a contract. One can file misrepresentation lawsuit alleging breach of contract, when the provider of goods or services is found to be
- negligent in upholding its assurance (promissory fraud)
- not obeying warranty terms (breach of warranty)
- harboring fraudulent intentions (contract fraud)
- engaging in fraudulent inducement to contract (wrongful intention)
Tennessee Breach of Contract Litigation
Contract disputes involve highly complicated legal matters. A Tennessee breach of contract attorney must be skillful to segregate admissible evidence from what is non-admissible and ensure a a successful representation of your interests.
Tennessee courts may be inclined to consider restitution compensation so that one party does not gain undue enrichment. Multiple types of claims may need to be submitted in clear and easy-to-understand terms to influence the court or jury and win a favorable award in both economic and non-economic terms. A proficient Tennessee breach of contract attorney is best placed to focus on technical defenses case-by-case basis and assist in securing your interest in the light of the state jurisprudence.
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