In a recent breach of contract case involving a construction contract for the replacement of a roof, the Supreme Court of Tennessee made two holdings that are crucial to understand for those lawyers, builders, and other parties involved in construction contracts, particularly, those carried out, in whole or in part,…
In a recent decision, the Tennessee Court of Appeals reversed a trial court’s grant of summary judgment to a defendant drug testing company in a negligence case. The case is worth a blog post because, not only is it interesting, but also, it discusses three issues of law that arise…
A recent breach of contract and overtime pay case which was decided by the Tennessee Court of Appeals, Taylor v. Del-Nat Tire, provides some excellent insight and knowledge as to two legal issues that are prevalent in many employer/employee situations. It also provides insight on one other issue: How a…
Every contract in Tennessee has an implied duty of good faith which applies to both parties to the contract. A recent case from the Tennessee Court of Appeals illustrates well the point that the implied duty of good faith will not override an unambiguous, express contract term. Here are the…
In Tennessee, if you are doing construction work for $25,000.00 or more, and you fall under the definition of “contractor,” you must have a contractor’s license. If you don’t, you could “lose your shirt.” Generally speaking, if you are a subcontractor, even if your contract is for more than $25,000.00…
A recent Tennessee case involving a Nashville condominium and its homeowners’ association (also referred to herein as a “condominium association”) may not be very instructive legally, but it is bizarre enough to make an interesting blog post. Stacy Harris lived at the Windsor Tower Condominiums, a high-rise condo building on…
Assuming that one party proves that the other party has breached a valid and enforceable contract, what amount of money can the non-breaching party recover from the breaching party? When explaining how a Tennessee court will approach the question of what amount of money to award someone for a breach…
In order to prove an intentional interference with contract claim in Tennessee, a plaintiff must prove the following elements: 1. That there was a legal contract; 2. The defendant knew of the contract; 3. The defendant intended to induce the breach of contract; 4. The defendant acted with malice; 5.…
One of a number of “business torts,” as they are called, which is recognized in Tennessee is the tort of intentional interference with contract. That tort is sometimes also referred to as “procurement of breach of contract” or “tortious interference with contract.” There is a Tennessee statute which makes procurement…
A recent Tennessee case highlights the importance of paying attention to how you or how the other party signs his or her name to a contract. The case involved a construction contract for a residence. Here are the facts: • John Wise, III formed Wise Construction Company, LLC–a Tennessee LLC…