Tennessee Court Records
Contract Disputes and Property Disputes in Tennessee
Under the Civil Code of the state of Tennessee, contract or property disputes can occur between individual or corporate entities. Contract disputes are disagreements over the terms and conditions of an initial consensual arrangement. Property disputes are similar in the sense that there is a disagreement, but it always involves real estate or property. Chancery Courts in Tennessee have general jurisdiction over contract and property disputes, Occasionally, some cases come before Circuit and Probate Courts.
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What are Contract Disputes in Tennessee?
Contract disputes by Tennessee law refer to disagreements between two parties over the terms and conditions of a written, enforceable contractual agreement. The state legal system limits its jurisdiction to cases of contractual agreements that are enforceable in the state, or between residents of the same. An enforceable agreement must have the following elements:
- Mutuality of commitment
- Competency and capacity to enter a contract
What are the most common contract disputes in Tennessee?
There are various types of Contract dispute cases in the state, some of which are:
- Offer and acceptance
- Controversies over the definition of a technical terms
- Draft and review of the contract
- Contract errors
- Coercion or fraud
- Breach of contract
What is Tennessee Contract Law?
The Tennessee contract law bases its guidelines on the Uniform Commercial Code
It is a federal code that provides guidelines on sales, leases, bank deposits and receipts, transfer of funds, credit letters, etc. They are available at the title 47 chapter 7 of the Uniform Commercial Code of Tennessee.
What is a breach of contract in Tennessee?
A breach of contract occurs when one party cannot meet the required applications in the agreement. There are two types of contract breaches:
- Material breach: material breaches happen when a party fails to meet their obligations in a manner that renders a contract irreparable.
- A minor breach, otherwise known as an immaterial breach, refers to defections from contracts that do not affect the core of the agreement. The injured party can still sue for damages, but it may not lead to a dissolution of the agreement. Contract breaches mean that the other party did not perform terms of the contract under specifications in the agreement.
What are the remedies for a breach of contract in Tennessee?
There are two types of remedies for breach of contract in Tennessee.
- Equitable remedies: a type of remedy where each party is taking action to correct the errors outside of legal participation. Usually the remedies sought by the injured party are not in terms of money. Equitable remedies may require the delivery of certain real property or a cessation of a particular activity in order to stop further injury to the plaintiff. There are three basic types of equitable remedies, namely specific performance, injunction, and restitution.
- Legal remedies: A legal remedy usually brings in legal participation and incurs financial responsibility by the defendant. There are at least six types of damages to which legal remedies are relevant:
Follow these steps to file a breach-of-contract claim in Tennessee:
- Identify the court with jurisdiction on the case. Circuit, Chancery, General Sessions, and Probate Courts all have some jurisdiction over civil cases in Tennessee.
- Submit a written pleading in a letter-sized paper to the Clerk of Court. Be sure to follow the style provided. Download and fill out the applicable sections of civil summons form and submit to the Clerk of Court. The Clerk of Court should provide information about the charges.
What defenses can be used against a breach-of-contract claim in Tennessee?
To discredit a breach-of-contract claim, identify the loopholes, either in the process of contracting the agreement or in the place of implementation.
Some defences include:
- A defective contractual agreement: Here, an element of a legally valid contract may be missing, or improperly established. For example, if there was no offer or acceptance of service, it renders the contract invalid. If one party is incapable of entering an agreement, the contract stands invalid.
- Any unlawful issues about the contract renders it invalid: For example, the sale of banned goods by government policy renders any contract in that regard invalid.
- Forced agreement: If a party consented to the contract under pressure, then it invalidates the entire concept of an agreement.
- If the contract yields uneven benefits: also known as unconscionable terms and conditions of the contract.
- If there is evidence that other methods of resolution have been used, and the complainant insists on suing after benefiting from alternative dispute resolution methods of a breach of contract.
What are property disputes in Tennessee?
Property disputes in Tennessee cover all civil cases that involve landed property or real estate. Be it natural, or artificial, landed properties disputes usually occur because of matters pertaining to ownership, misuse, or trespass on property. There are laws of the state that provide interpretation regarding land ownership and property use for Tennessee residents.
What are some common types of property disputes in Tennessee?
- Disagreements over boundary Lines
- Conflict over the title deed or ownership of property
- Regulatory matters on conservatorship, inheritance, and appropriation of estate wills
- Dishonest practices on rented land or property
How to find property Lines?
Licensed surveyors in Tennessee handle the official demarcation of adjoining property using boundary lines. Each County also maintains an official documentation on the boundary line of all registered property in its domain. Visit the county clerk’s office for more information.
How do I find a property dispute lawyer near me?
Most property dispute lawyers are registered lawyers within the state of Tennessee. Therefore, access to the database of licensed lawyers will provide information regarding the area of expertise of each registered lawyer. While some law firms advertise themselves on the internet using their websites, several online directories provide the list of lawyers, their addresses, and area of expertise.