Tenn. Code Ann. § 47-25-1505 — TN Code / Title 47 / Chapter 25 / Section 47-25-1505
Nonrenewal or modification of franchise agreements
Status: in_force

No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least sixty (60) days' prior written notice of its intention not to renew, such failure to renew is for good cause, and the franchisor has provided written notice of the facts and circumstances upon which it alleges that good cause exists to fail to renew. Any modification of an existing franchise agreement proposed by a franchisor must be disclosed no later than sixty (60) days prior to the proposed effective date of the modification unless the franchisee consents, in writing, within the sixty-day period, to waive such requirement. If failure to renew is for good cause, such nonrenewal may not be effective unless: (1) During the sixty (60) days prior to expiration of the franchise, the franchisor permits the franchisee to sell the business or a portion thereof relating to the franchisee, to a purchaser meeting the franchisor's then current requirements for granting new franchises, or, if the franchisor is not granting a significant number of new franchises, the then current requirements for granting renewal franchises; (2) (A) The refusal to renew is not for the purpose of converting the franchisee's business premises to operation by employees or agents of the franchisor for such franchisor's own account; provided, that nothing in this subdivision (2)(A) shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee's business; and (B) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor; (3) The franchisee and the franchisor agree not to renew the franchise; or (4) The franchisor withdraws from distributing the products or services through franchises in the state of Tennessee for a period of not less than two (2) years; provided, that: (A) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisee of the franchisor; and (B) The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor's own account. Acts 1989, ch. 392, § 5.
No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least sixty (60) days' prior written notice of its intention not to renew, such failure to renew is for good cause, and the franchisor has provided written notice of the facts and circumstances upon which it alleges that good cause exists to fail to renew. Any modification of an existing franchise agreement proposed by a franchisor must be disclosed no later than sixty (60) days prior to the proposed effective date of the modification unless the franchisee consents, in writing, within the sixty-day period, to waive such requirement. If failure to renew is for good cause, such nonrenewal may not be effective unless:
(1) During the sixty (60) days prior to expiration of the franchise, the franchisor permits the franchisee to sell the business or a portion thereof relating to the franchisee, to a purchaser meeting the franchisor's then current requirements for granting new franchises, or, if the franchisor is not granting a significant number of new franchises, the then current requirements for granting renewal franchises;
(2) (A) The refusal to renew is not for the purpose of converting the franchisee's business premises to operation by employees or agents of the franchisor for such franchisor's own account; provided, that nothing in this subdivision (2)(A) shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee's business; and (B) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor;
(A) The refusal to renew is not for the purpose of converting the franchisee's business premises to operation by employees or agents of the franchisor for such franchisor's own account; provided, that nothing in this subdivision (2)(A) shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee's business; and
(B) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor;
(3) The franchisee and the franchisor agree not to renew the franchise; or
(4) The franchisor withdraws from distributing the products or services through franchises in the state of Tennessee for a period of not less than two (2) years; provided, that: (A) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisee of the franchisor; and (B) The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor's own account.
(A) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisee of the franchisor; and
(B) The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor's own account.
Acts 1989, ch. 392, § 5.
Tenn. Code Ann. § 47-2-511 — TN Code / Title 47 / Chapter 2 / Section 47-2-511
Tender of payment by buyer - Payment by check
Status: in_force

(1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it. (3) Subject to the provisions of chapters 1-9 of this title on the effect of an instrument on an obligation (§ 47-3-310 ), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment. Acts 1963, ch. 81, § 1 (2-511); 1997, ch. 66, § 3.
(1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery.
(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.
(3) Subject to the provisions of chapters 1-9 of this title on the effect of an instrument on an obligation (§ 47-3-310 ), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.
Acts 1963, ch. 81, § 1 (2-511); 1997, ch. 66, § 3.
Tenn. Code Ann. § 47-1-201 — TN Code / Title 47 / Chapter 1 / Section 47-1-201
General definitions
Status: in_force

(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in chapters 2-9 of this title that apply to particular chapters or parts thereof, have the meanings stated. (b) Subject to definitions contained in chapters 2-9 of this title that apply to particular chapters or parts thereof: (1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined; (2) "Aggrieved party" means a party entitled to pursue a remedy; (3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 47-1-303 ; (4) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company; (5) "Bearer" means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank; (6) "Bill of lading" means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt; (7) "Branch" includes a separately incorporated foreign branch of a bank; (8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence; (9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under chapter 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt; (10) "Central bank digital currency": (A) Means a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body; and (B) Includes a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body that is processed or validated directly by the entity; (11) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language; (12) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes; (13) "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by chapters 1-9 of this title as supplemented by any other applicable laws; (14) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate; (15) "Defendant" includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim; (16) "Delivery", with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title, or chattel paper, means voluntary transfer of possession; (17) "Document of title" means: (A) That document which, in the regular course of business or financing, is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, hold, and dispose of the record and the goods the record covers; and (B) A record that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession that are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium; (18) "Fault" means a default, breach, or wrongful act or omission; (19) "Fungible goods" means: (A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (B) Goods that by agreement are treated as equivalent; (20) "Genuine" means free of forgery or counterfeiting; (21) "Good faith", except as otherwise provided in chapter 5 of this title, means honesty in fact in the conduct or transaction concerned; (22) "Holder" means the person: (A) In possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; (B) In possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (C) In control of a negotiable electronic document of title; (23) "Insolvency proceeding" includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved; (24) "Insolvent" means: (A) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute; (B) Being unable to pay debts as they become due; or (C) Being insolvent within the meaning of federal bankruptcy law; (25) "Money": (A) Means a medium of exchange currently authorized or adopted by a domestic or foreign government; (B) Includes a monetary unit of account established by an intergovernmental organization or by agreement between two (2) or more countries; and (C) Does not include a central bank digital currency; (26) "Organization" means a person other than an individual; (27) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to chapters 1-9 of this title; (28) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity; (29) "Present value" means the amount as of a date certain of one (1) or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into; (30) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property; (31) "Purchaser" means a person that takes by purchase; (32) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (33) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal; (34) "Representative" means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate; (35) "Right" includes remedy; (36) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation. "Security interest" includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to chapter 9 of this title. "Security interest" does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under § 47-2-401 , but a buyer may also acquire a "security interest" by complying with chapter 9 of this title. Except as otherwise provided in § 47-2-505 , the right of a seller or lessor of goods under chapter 2 or 2A of this title to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with chapter 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under § 47-2-401 is limited in effect to a reservation of a "security interest". Whether a transaction in the form of a lease creates a "security interest" is determined pursuant to § 47-2-401 ; (37) "Send" in connection with a writing, record, or notice means: (A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent; (38) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing; (39) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (40) "Surety" includes a guarantor or other secondary obligor; (41) "Term" means a portion of an agreement that relates to a particular matter; (42) "Unauthorized signature" means a signature made without actual, implied, or apparent authority. The term includes a forgery; (43) "Warehouse receipt" means a document of title issued by a person engaged in the business of storing goods for hire; and (44) "Writing" includes printing, typewriting, or any other intentional reduction to tangible form. "Written" has a corresponding meaning. Amended by 2024 Tenn. Acts, ch. 694,s 2, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 694,s 1, eff. 4/11/2024. Acts 2008 , ch. 814, § 2; 2008 , ch. 930, § 1.
(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in chapters 2-9 of this title that apply to particular chapters or parts thereof, have the meanings stated.
(b) Subject to definitions contained in chapters 2-9 of this title that apply to particular chapters or parts thereof: (1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined; (2) "Aggrieved party" means a party entitled to pursue a remedy; (3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 47-1-303 ; (4) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company; (5) "Bearer" means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank; (6) "Bill of lading" means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt; (7) "Branch" includes a separately incorporated foreign branch of a bank; (8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence; (9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under chapter 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt; (10) "Central bank digital currency": (A) Means a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body; and (B) Includes a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body that is processed or validated directly by the entity; (11) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language; (12) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes; (13) "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by chapters 1-9 of this title as supplemented by any other applicable laws; (14) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate; (15) "Defendant" includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim; (16) "Delivery", with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title, or chattel paper, means voluntary transfer of possession; (17) "Document of title" means: (A) That document which, in the regular course of business or financing, is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, hold, and dispose of the record and the goods the record covers; and (B) A record that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession that are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium; (18) "Fault" means a default, breach, or wrongful act or omission; (19) "Fungible goods" means: (A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (B) Goods that by agreement are treated as equivalent; (20) "Genuine" means free of forgery or counterfeiting; (21) "Good faith", except as otherwise provided in chapter 5 of this title, means honesty in fact in the conduct or transaction concerned; (22) "Holder" means the person: (A) In possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; (B) In possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (C) In control of a negotiable electronic document of title; (23) "Insolvency proceeding" includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved; (24) "Insolvent" means: (A) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute; (B) Being unable to pay debts as they become due; or (C) Being insolvent within the meaning of federal bankruptcy law; (25) "Money": (A) Means a medium of exchange currently authorized or adopted by a domestic or foreign government; (B) Includes a monetary unit of account established by an intergovernmental organization or by agreement between two (2) or more countries; and (C) Does not include a central bank digital currency; (26) "Organization" means a person other than an individual; (27) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to chapters 1-9 of this title; (28) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity; (29) "Present value" means the amount as of a date certain of one (1) or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into; (30) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property; (31) "Purchaser" means a person that takes by purchase; (32) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (33) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal; (34) "Representative" means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate; (35) "Right" includes remedy; (36) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation. "Security interest" includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to chapter 9 of this title. "Security interest" does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under § 47-2-401 , but a buyer may also acquire a "security interest" by complying with chapter 9 of this title. Except as otherwise provided in § 47-2-505 , the right of a seller or lessor of goods under chapter 2 or 2A of this title to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with chapter 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under § 47-2-401 is limited in effect to a reservation of a "security interest". Whether a transaction in the form of a lease creates a "security interest" is determined pursuant to § 47-2-401 ; (37) "Send" in connection with a writing, record, or notice means: (A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent; (38) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing; (39) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (40) "Surety" includes a guarantor or other secondary obligor; (41) "Term" means a portion of an agreement that relates to a particular matter; (42) "Unauthorized signature" means a signature made without actual, implied, or apparent authority. The term includes a forgery; (43) "Warehouse receipt" means a document of title issued by a person engaged in the business of storing goods for hire; and (44) "Writing" includes printing, typewriting, or any other intentional reduction to tangible form. "Written" has a corresponding meaning.
(1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined;
(2) "Aggrieved party" means a party entitled to pursue a remedy;
(3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 47-1-303 ;
(4) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company;
(5) "Bearer" means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank;
(6) "Bill of lading" means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt;
(7) "Branch" includes a separately incorporated foreign branch of a bank;
(8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence;
(9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under chapter 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt;
(10) "Central bank digital currency": (A) Means a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body; and (B) Includes a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body that is processed or validated directly by the entity;
(A) Means a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body; and
(B) Includes a digital currency, digital medium of exchange, or digital monetary unit of account issued by the federal reserve or another federal agency, a foreign government, a foreign central bank, a foreign reserve system, the Bank for International Settlement, the International Monetary Fund, the World Bank, or another international or intergovernmental body that is processed or validated directly by the entity;
(11) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language;
(A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and
(B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language;
(12) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes;
(13) "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by chapters 1-9 of this title as supplemented by any other applicable laws;
(14) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate;
(15) "Defendant" includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim;
(16) "Delivery", with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title, or chattel paper, means voluntary transfer of possession;
(17) "Document of title" means: (A) That document which, in the regular course of business or financing, is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, hold, and dispose of the record and the goods the record covers; and (B) A record that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession that are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium;
(A) That document which, in the regular course of business or financing, is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, hold, and dispose of the record and the goods the record covers; and
(B) A record that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession that are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium;
(18) "Fault" means a default, breach, or wrongful act or omission;
(19) "Fungible goods" means: (A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (B) Goods that by agreement are treated as equivalent;
(A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or
(B) Goods that by agreement are treated as equivalent;
(20) "Genuine" means free of forgery or counterfeiting;
(21) "Good faith", except as otherwise provided in chapter 5 of this title, means honesty in fact in the conduct or transaction concerned;
(22) "Holder" means the person: (A) In possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; (B) In possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (C) In control of a negotiable electronic document of title;
(A) In possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession;
(B) In possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or
(C) In control of a negotiable electronic document of title;
(23) "Insolvency proceeding" includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved;
(24) "Insolvent" means: (A) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute; (B) Being unable to pay debts as they become due; or (C) Being insolvent within the meaning of federal bankruptcy law;
(A) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute;
(B) Being unable to pay debts as they become due; or
(C) Being insolvent within the meaning of federal bankruptcy law;
(25) "Money": (A) Means a medium of exchange currently authorized or adopted by a domestic or foreign government; (B) Includes a monetary unit of account established by an intergovernmental organization or by agreement between two (2) or more countries; and (C) Does not include a central bank digital currency;
(A) Means a medium of exchange currently authorized or adopted by a domestic or foreign government;
(B) Includes a monetary unit of account established by an intergovernmental organization or by agreement between two (2) or more countries; and
(C) Does not include a central bank digital currency;
(26) "Organization" means a person other than an individual;
(27) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to chapters 1-9 of this title;
(28) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity;
(29) "Present value" means the amount as of a date certain of one (1) or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into;
(30) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property;
(31) "Purchaser" means a person that takes by purchase;
(32) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(33) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal;
(34) "Representative" means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate;
(35) "Right" includes remedy;
(36) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation. "Security interest" includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to chapter 9 of this title. "Security interest" does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under § 47-2-401 , but a buyer may also acquire a "security interest" by complying with chapter 9 of this title. Except as otherwise provided in § 47-2-505 , the right of a seller or lessor of goods under chapter 2 or 2A of this title to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with chapter 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under § 47-2-401 is limited in effect to a reservation of a "security interest". Whether a transaction in the form of a lease creates a "security interest" is determined pursuant to § 47-2-401 ;
(37) "Send" in connection with a writing, record, or notice means: (A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent;
(A) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or
(B) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent;
(38) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing;
(39) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(40) "Surety" includes a guarantor or other secondary obligor;
(41) "Term" means a portion of an agreement that relates to a particular matter;
(42) "Unauthorized signature" means a signature made without actual, implied, or apparent authority. The term includes a forgery;
(43) "Warehouse receipt" means a document of title issued by a person engaged in the business of storing goods for hire; and
(44) "Writing" includes printing, typewriting, or any other intentional reduction to tangible form. "Written" has a corresponding meaning.
Amended by 2024 Tenn. Acts, ch. 694,s 2, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 694,s 1, eff. 4/11/2024.
Acts 2008 , ch. 814, § 2; 2008 , ch. 930, § 1.
Tenn. Code Ann. § 47-18-1511 — TN Code / Title 47 / Chapter 18 / Section 47-18-1511
Offense of using ADAD equipment to intentionally conceal or misrepresent telephone number of the equipment - Exceptions
Status: in_force

(a) It is an offense for any person to utilize any ADAD equipment to intentionally: (1) Dial telephone numbers with area codes within the state; and (2) Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by: (A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment; (B) Not displaying the telephone number utilized by the ADAD equipment; or (C) Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment. (b) A violation of this section is a Class A misdemeanor punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. For purposes of criminal liability, a court shall deem each call made in violation of this section as a separate offense. (c) It shall not be a violation of this section to display a phone number, different from the phone number being utilized by the ADAD equipment, on behalf of a person if: (1) The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number; (2) The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and (3) The person's name is displayed along with the phone number described in subdivisions (c)(1) and (2). (d) The offenses described in this section shall not apply to a telecommunications, broadband, or voice-over-Internet services provider acting solely as an intermediary for a transmission of telephone service between a caller and a recipient. Acts 2010, ch. 684, § 1.
(a) It is an offense for any person to utilize any ADAD equipment to intentionally: (1) Dial telephone numbers with area codes within the state; and (2) Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by: (A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment; (B) Not displaying the telephone number utilized by the ADAD equipment; or (C) Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment.
(1) Dial telephone numbers with area codes within the state; and
(2) Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by: (A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment; (B) Not displaying the telephone number utilized by the ADAD equipment; or (C) Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment.
(A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment;
(B) Not displaying the telephone number utilized by the ADAD equipment; or
(C) Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment.
(b) A violation of this section is a Class A misdemeanor punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. For purposes of criminal liability, a court shall deem each call made in violation of this section as a separate offense.
(c) It shall not be a violation of this section to display a phone number, different from the phone number being utilized by the ADAD equipment, on behalf of a person if: (1) The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number; (2) The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and (3) The person's name is displayed along with the phone number described in subdivisions (c)(1) and (2).
(1) The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number;
(2) The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and
(3) The person's name is displayed along with the phone number described in subdivisions (c)(1) and (2).
(d) The offenses described in this section shall not apply to a telecommunications, broadband, or voice-over-Internet services provider acting solely as an intermediary for a transmission of telephone service between a caller and a recipient.
Acts 2010, ch. 684, § 1.
Tenn. Code Ann. § 47-2a-530 — TN Code / Title 47 / Chapter 2a / Section 47-2a-530
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-530 - Lessor's incidental damages
Status: in_force

Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default. Acts 1993, ch. 398, § 1.
Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-314 — TN Code / Title 47 / Chapter 18 / Section 47-18-314
Compliance exemption - Requirements
Status: in_force

(a) It is an offense to accept a down payment for a health club agreement in excess of thirty percent (30%) of the total cost of the agreement unless, as of January 1 of the year in which the health club agreement was entered into: (1) The health club has a net worth in excess of two hundred fifty thousand dollars ($250,000) per location where health club services or facilities are provided; and (2) The health club has operated under substantially the same ownership and control for at least five (5) years. (b) For the purpose of calculating net worth as provided in subsection (a), the following are excluded: (1) Assets that represent prepayment for future services; and (2) Accounts receivable due from health club members for future services. (c) Any health club claiming the exemption pursuant to subsection (a) shall maintain written documentation establishing proof that the requirements of subsection (a) have been met as of January 1 of each year the exemption is claimed. Such proof shall be retained for a minimum of five (5) years from the end of the year in which the exemption is claimed. This documentation shall be made available for examination upon request of any law enforcement agency or the attorney general. A refusal to provide such documentation shall constitute a violation of this part. Amended by 2019 Tenn. Acts, ch. 459,s 16, eff. 9/30/2019. Amended by 2016 Tenn. Acts, ch. 858,s 12, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339,s 18, eff. 7/1/2015. Acts 1989, ch. 460, § 12.
(a) It is an offense to accept a down payment for a health club agreement in excess of thirty percent (30%) of the total cost of the agreement unless, as of January 1 of the year in which the health club agreement was entered into: (1) The health club has a net worth in excess of two hundred fifty thousand dollars ($250,000) per location where health club services or facilities are provided; and (2) The health club has operated under substantially the same ownership and control for at least five (5) years.
(1) The health club has a net worth in excess of two hundred fifty thousand dollars ($250,000) per location where health club services or facilities are provided; and
(2) The health club has operated under substantially the same ownership and control for at least five (5) years.
(b) For the purpose of calculating net worth as provided in subsection (a), the following are excluded: (1) Assets that represent prepayment for future services; and (2) Accounts receivable due from health club members for future services.
(1) Assets that represent prepayment for future services; and
(2) Accounts receivable due from health club members for future services.
(c) Any health club claiming the exemption pursuant to subsection (a) shall maintain written documentation establishing proof that the requirements of subsection (a) have been met as of January 1 of each year the exemption is claimed. Such proof shall be retained for a minimum of five (5) years from the end of the year in which the exemption is claimed. This documentation shall be made available for examination upon request of any law enforcement agency or the attorney general. A refusal to provide such documentation shall constitute a violation of this part.
Amended by 2019 Tenn. Acts, ch. 459,s 16, eff. 9/30/2019.
Amended by 2016 Tenn. Acts, ch. 858,s 12, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339,s 18, eff. 7/1/2015.
Acts 1989, ch. 460, § 12.
Tenn. Code Ann. § 47-25-508 — TN Code / Title 47 / Chapter 25 / Section 47-25-508
Records
Status: in_force

The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to § 47-25-507 . Acts 1982, ch. 698, § 8; T.C.A., §§ 69-536, 47-25-428, 47-25-507; Acts 2000, ch. 671, § 1.
The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to § 47-25-507 .
Acts 1982, ch. 698, § 8; T.C.A., §§ 69-536, 47-25-428, 47-25-507; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-25-702 — TN Code / Title 47 / Chapter 25 / Section 47-25-702
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture; (2) "Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; (3) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing; (4) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge; (5) "Exhibitor" means any person engaged in the business of operating one (1) or more theatres; (6) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture; (7) "License agreement" means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor; (8) "Person" includes one (1) or more individuals, partnerships, associations, societies, trusts, organizations, or corporations; (9) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. "First run" is the first exhibition of a picture in the designated area; "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theatre in a defined geographic area, and a "nonexclusive run" is any run in more than one (1) theatre in a defined geographic area; (10) "Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge; and (11) "Trade screening" means the showing of a motion picture by a distributor at the location of the film exchange(s) that distributes the distributor's picture(s) in Tennessee, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. Acts 1979, ch. 119, § 3; T.C.A., § 69-802.
As used in this part, unless the context otherwise requires:
(1) "Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;
(2) "Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture;
(3) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing;
(4) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge;
(5) "Exhibitor" means any person engaged in the business of operating one (1) or more theatres;
(6) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture;
(7) "License agreement" means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
(8) "Person" includes one (1) or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;
(9) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. "First run" is the first exhibition of a picture in the designated area; "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theatre in a defined geographic area, and a "nonexclusive run" is any run in more than one (1) theatre in a defined geographic area;
(10) "Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge; and
(11) "Trade screening" means the showing of a motion picture by a distributor at the location of the film exchange(s) that distributes the distributor's picture(s) in Tennessee, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
Acts 1979, ch. 119, § 3; T.C.A., § 69-802.
Tenn. Code Ann. § 47-10-115 — TN Code / Title 47 / Chapter 10 / Section 47-10-115
Time and place of sending and receipt
Status: in_force

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) Is in a form capable of being processed by that system; and (3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) It is in a form capable of being processed by that system. (c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d). (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection (d), the following rules apply: (1) If the sender or recipient has more than one (1) place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (e) An electronic record is received under subsection (b) even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection (g) may not be varied by agreement. Acts 2001, ch. 72, § 15.
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) Is in a form capable of being processed by that system; and (3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) Is in a form capable of being processed by that system; and
(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) It is in a form capable of being processed by that system.
(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) It is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection (d), the following rules apply: (1) If the sender or recipient has more than one (1) place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(1) If the sender or recipient has more than one (1) place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection (g) may not be varied by agreement.
Acts 2001, ch. 72, § 15.
Tenn. Code Ann. § 47-4a-504 — TN Code / Title 47 / Chapter 4a / Section 47-4a-504
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 5 - MISCELLANEOUS PROVISIONS (§§ 47-4A-501 — 47-4A-507) Section 47-4A-504 - Order in which items and payment orders may be charged to account - Order of withdrawals from account
Status: in_force

(a) If a receiving bank has received more than one (1) payment order of the sender or one (1) or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence. (b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied. Acts 1991, ch. 52, § 1.
(a) If a receiving bank has received more than one (1) payment order of the sender or one (1) or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence.
(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2-712 — TN Code / Title 47 / Chapter 2 / Section 47-2-712
"Cover" - Buyer's procurement of substitute goods
Status: in_force

(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ 47-2-715 ), but less expenses saved in consequence of the seller's breach. (3) Failure of the buyer to effect cover within this section does not bar him from any other remedy. Acts 1963, ch. 81, § 1 (2-712).
(1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (§ 47-2-715 ), but less expenses saved in consequence of the seller's breach.
(3) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
Acts 1963, ch. 81, § 1 (2-712).
Tenn. Code Ann. § 47-2a-528 — TN Code / Title 47 / Chapter 2a / Section 47-2a-528
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-528 - Lessor's damages for non-acceptance, failure to pay, repudiation, or other default
Status: in_force

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 47-2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 47-1-302 and 47-2A-503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under § 47-2A-527(2) , or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in § 47-2A-523(1) or § 47-2A-523(3)(a) , or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 47-2A-530 , less expenses saved in consequence of the lessee's default. (2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 47-2A-530 , due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition. Acts 1993, ch. 398, § 1; 2008 , ch. 930, § 9.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 47-2A-504 ) or otherwise determined pursuant to agreement of the parties (§§ 47-1-302 and 47-2A-503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under § 47-2A-527(2) , or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in § 47-2A-523(1) or § 47-2A-523(3)(a) , or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 47-2A-530 , less expenses saved in consequence of the lessee's default.
(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 47-2A-530 , due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
Acts 1993, ch. 398, § 1; 2008 , ch. 930, § 9.
Tenn. Code Ann. § 47-25-1601 — TN Code / Title 47 / Chapter 25 / Section 47-25-1601
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Manufacturer's or distributor's representative" means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller's name and may include a date upon which such authorization shall expire; (2) (A) "New and unused property" means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured; (B) "New and unused property" does not include: (i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired; (ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or (iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times; (3) "New and unused property merchant" means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused; and (4) (A) "Wholesale/Retail Outlet" means an event: (i) At which two (2) or more persons offer personal property for sale or exchange; and (ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or (iii) At which a fee is charged for the privilege of offering or displaying such personal property; or (iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale. (B) "Wholesale/retail outlet" is interchangeable with and applicable to "flea market," "itinerant vendor," "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) "Wholesale/retail outlet" does not mean nor apply to an event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes. Acts 1998, ch. 884, § 2.
(a) As used in this part, unless the context otherwise requires: (1) "Manufacturer's or distributor's representative" means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller's name and may include a date upon which such authorization shall expire; (2) (A) "New and unused property" means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured; (B) "New and unused property" does not include: (i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired; (ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or (iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times; (3) "New and unused property merchant" means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused; and (4) (A) "Wholesale/Retail Outlet" means an event: (i) At which two (2) or more persons offer personal property for sale or exchange; and (ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or (iii) At which a fee is charged for the privilege of offering or displaying such personal property; or (iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale. (B) "Wholesale/retail outlet" is interchangeable with and applicable to "flea market," "itinerant vendor," "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) "Wholesale/retail outlet" does not mean nor apply to an event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes.
(1) "Manufacturer's or distributor's representative" means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller's name and may include a date upon which such authorization shall expire;
(2) (A) "New and unused property" means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured; (B) "New and unused property" does not include: (i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired; (ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or (iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times;
(A) "New and unused property" means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured;
(B) "New and unused property" does not include: (i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired; (ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or (iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times;
(i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired;
(ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or
(iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times;
(3) "New and unused property merchant" means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused; and
(4) (A) "Wholesale/Retail Outlet" means an event: (i) At which two (2) or more persons offer personal property for sale or exchange; and (ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or (iii) At which a fee is charged for the privilege of offering or displaying such personal property; or (iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale. (B) "Wholesale/retail outlet" is interchangeable with and applicable to "flea market," "itinerant vendor," "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) "Wholesale/retail outlet" does not mean nor apply to an event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes.
(A) "Wholesale/Retail Outlet" means an event: (i) At which two (2) or more persons offer personal property for sale or exchange; and (ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or (iii) At which a fee is charged for the privilege of offering or displaying such personal property; or (iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale.
(i) At which two (2) or more persons offer personal property for sale or exchange; and
(ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or
(iii) At which a fee is charged for the privilege of offering or displaying such personal property; or
(iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale.
(B) "Wholesale/retail outlet" is interchangeable with and applicable to "flea market," "itinerant vendor," "swap meet," "indoor swap meet," or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.
(C) "Wholesale/retail outlet" does not mean nor apply to an event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes.
Acts 1998, ch. 884, § 2.
Tenn. Code Ann. § 47-8-502 — TN Code / Title 47 / Chapter 8 / Section 47-8-502
Assertion of adverse claim against entitlement holder
Status: in_force

An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under § 47-8-501 for value and without notice of the adverse claim. Acts 1997, ch. 79, § 1.
An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under § 47-8-501 for value and without notice of the adverse claim.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-2201 — TN Code / Title 47 / Chapter 18 / Section 47-18-2201
Short title
Status: in_force

This part shall be known and may be cited as the "Video Consumer Privacy Act." Acts 1999, ch. 342, § 2.
This part shall be known and may be cited as the "Video Consumer Privacy Act."
Acts 1999, ch. 342, § 2.
Tenn. Code Ann. § 47-26-906 — TN Code / Title 47 / Chapter 26 / Section 47-26-906
State sealer of weights and measures - Supervision of local sealers
Status: in_force

(a) The commissioner shall be the state sealer of weights and measures and shall have the custody of the primary standards of weights and measures and of the other standards and equipment provided for in this part. (b) The commissioner has the general supervision over city sealers of weights and measures, county sealers of weights and measures, and over all weights and measures offered for sale, sold or in use in the state. Acts 1997, ch. 311, § 1.
(a) The commissioner shall be the state sealer of weights and measures and shall have the custody of the primary standards of weights and measures and of the other standards and equipment provided for in this part.
(b) The commissioner has the general supervision over city sealers of weights and measures, county sealers of weights and measures, and over all weights and measures offered for sale, sold or in use in the state.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-10-106 — TN Code / Title 47 / Chapter 10 / Section 47-10-106
Construction and application
Status: in_force

This chapter must be construed and applied to: (1) Facilitate electronic transactions consistent with other applicable law; (2) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) Effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. Acts 2001, ch. 72, § 6.
This chapter must be construed and applied to:
(1) Facilitate electronic transactions consistent with other applicable law;
(2) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) Effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Acts 2001, ch. 72, § 6.
Tenn. Code Ann. § 47-4-401 — TN Code / Title 47 / Chapter 4 / Section 47-4-401
When bank may charge customer's account
Status: in_force

(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank. (b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item. (c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in § 47-4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in § 47-4-303 . If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under § 47-4-402 . (d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper. Acts 1963, ch. 81, § 1 (4-401); 1995, ch. 397, § 3.
(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in § 47-4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in § 47-4-303 . If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under § 47-4-402 .
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
(1) the original terms of the altered item; or
(2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
Acts 1963, ch. 81, § 1 (4-401); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-7-201 — TN Code / Title 47 / Chapter 7 / Section 47-7-201
Person that may issue a warehouse receipt - Storage under bond
Status: in_force

(a) A warehouse receipt may be issued by any warehouse. (b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is deemed to be a warehouse receipt even if issued by a person that is the owner of the goods and is not a warehouse. Acts 2008, ch. 814, § 1.
(a) A warehouse receipt may be issued by any warehouse.
(b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods is deemed to be a warehouse receipt even if issued by a person that is the owner of the goods and is not a warehouse.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-3-301 — TN Code / Title 47 / Chapter 3 / Section 47-3-301
Person entitled to enforce instrument
Status: in_force

"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to § 47-3-309 or § 47-3-418(d) . A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. Acts 1995, ch. 397, § 2.
"Person entitled to enforce" an instrument means
(i) the holder of the instrument,
(ii) a nonholder in possession of the instrument who has the rights of a holder, or
(iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to § 47-3-309 or § 47-3-418(d) . A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-4a-505 — TN Code / Title 47 / Chapter 4a / Section 47-4a-505
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 5 - MISCELLANEOUS PROVISIONS (§§ 47-4A-501 — 47-4A-507) Section 47-4A-505 - Preclusion of objection to debit of customer's account
Status: in_force

If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one (1) year after the notification was received by the customer. Acts 1991, ch. 52, § 1.
If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one (1) year after the notification was received by the customer.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2a-110 — TN Code / Title 47 / Chapter 2a / Section 47-2a-110
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 1 - GENERAL PROVISIONS (§§ 47-2A-101 — 47-2A-111) Section 47-2A-110 - Transactions allowing adjustment of rental price upon sale or disposition
Status: in_force

In the case of motor vehicles, semitrailers, or trailers, as defined in title 55, chapter 1, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle, semitrailer, or trailer. Acts 1994, ch. 724, § 2.
In the case of motor vehicles, semitrailers, or trailers, as defined in title 55, chapter 1, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle, semitrailer, or trailer.
Acts 1994, ch. 724, § 2.
Tenn. Code Ann. § 47-33-101 — TN Code / Title 47 / Chapter 33 / Section 47-33-101
Short title
Status: in_force

This chapter is known and may be cited as the "LIBOR Discontinuance and Replacement Act." Added by 2022 Tenn. Acts, ch. 651, s 1, eff. 3/15/2022.
This chapter is known and may be cited as the "LIBOR Discontinuance and Replacement Act."
Added by 2022 Tenn. Acts, ch. 651, s 1, eff. 3/15/2022.
Tenn. Code Ann. § 47-18-1606 — TN Code / Title 47 / Chapter 18 / Section 47-18-1606
[Renumbered]
Status: repealed

Renumbered as 4-49-206 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Renumbered as 4-49-206 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-25-1005 — TN Code / Title 47 / Chapter 25 / Section 47-25-1005
Nature of trust
Status: in_force

(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full. (b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in the Uniform Commercial Code, § 47-2-326 , or any other provision of the Uniform Commercial Code to the contrary notwithstanding. Acts 1984, ch. 838, § 5.
(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.
(b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in the Uniform Commercial Code, § 47-2-326 , or any other provision of the Uniform Commercial Code to the contrary notwithstanding.
Acts 1984, ch. 838, § 5.
Tenn. Code Ann. § 47-18-5543 — TN Code / Title 47 / Chapter 18 / Section 47-18-5543
Combination of moneys received and expenses incurred pursuant to Tennessee Credit Services Businesses Act and Uniform Debt-Management Services Act into single fund
Status: in_force

The department shall combine all moneys received and expenses incurred pursuant to the Uniform Debt-Management Services Act and the Tennessee Credit Services Businesses Act, compiled in part 10 of this chapter, into a single fund for the purpose of administering the acts. Added by 2021 Tenn. Acts, ch. 144,s 2, eff. 7/1/2021.
The department shall combine all moneys received and expenses incurred pursuant to the Uniform Debt-Management Services Act and the Tennessee Credit Services Businesses Act, compiled in part 10 of this chapter, into a single fund for the purpose of administering the acts.
Added by 2021 Tenn. Acts, ch. 144,s 2, eff. 7/1/2021.
Tenn. Code Ann. § 47-18-1611 — TN Code / Title 47 / Chapter 18 / Section 47-18-1611
[Renumbered]
Status: repealed

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-9-110 — TN Code / Title 47 / Chapter 9 / Section 47-9-110
Security interests arising under Chapter 2 or 2A
Status: in_force

A security interest arising under § 47-2-401 , § 47-2-505 , § 47-2-711(3) , or § 47-2A-508(5) is subject to this chapter. However, until the debtor obtains possession of the goods: (1) the security interest is enforceable, even if § 47-9-203(b)(3) has not been satisfied; (2) filing is not required to perfect the security interest; (3) the rights of the secured party after default by the debtor are governed by Chapter 2 or 2A; and (4) the security interest has priority over a conflicting security interest created by the debtor. Acts 2000, ch. 846, § 1.
A security interest arising under § 47-2-401 , § 47-2-505 , § 47-2-711(3) , or § 47-2A-508(5) is subject to this chapter. However, until the debtor obtains possession of the goods:
(1) the security interest is enforceable, even if § 47-9-203(b)(3) has not been satisfied;
(2) filing is not required to perfect the security interest;
(3) the rights of the secured party after default by the debtor are governed by Chapter 2 or 2A; and
(4) the security interest has priority over a conflicting security interest created by the debtor.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-25-1203 — TN Code / Title 47 / Chapter 25 / Section 47-25-1203
Disclosure of fees in advertising
Status: in_force

Every invention developer who charges a fee or requires any consideration for invention development services must clearly and conspicuously disclose such fact in every advertisement of such services. Acts 1977, ch. 436, § 11; T.C.A., § 47-20-103.
Every invention developer who charges a fee or requires any consideration for invention development services must clearly and conspicuously disclose such fact in every advertisement of such services.
Acts 1977, ch. 436, § 11; T.C.A., § 47-20-103.
Tenn. Code Ann. § 47-2-503 — TN Code / Title 47 / Chapter 2 / Section 47-2-503
Manner of seller's tender of delivery
Status: in_force

(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this chapter, and in particular: (A) Tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but (B) Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions. (3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section. (4) Where goods are in the possession of a bailee and are to be delivered without being moved: (A) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (B) Tender to the buyer of a non-negotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer reasonably objects, and except as otherwise provided in chapter 9 of this title receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender. (5) Where the contract requires the seller to deliver documents: (A) The seller must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set, pursuant to § 47-2-323(2) ; and (B) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection. Acts 1963, ch. 81, § 1 (2-503); Acts 2008, ch. 814, § 8.
(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this chapter, and in particular: (A) Tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but (B) Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
(A) Tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but
(B) Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
(2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are to be delivered without being moved: (A) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (B) Tender to the buyer of a non-negotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer reasonably objects, and except as otherwise provided in chapter 9 of this title receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.
(A) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but
(B) Tender to the buyer of a non-negotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer reasonably objects, and except as otherwise provided in chapter 9 of this title receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.
(5) Where the contract requires the seller to deliver documents: (A) The seller must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set, pursuant to § 47-2-323(2) ; and (B) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection.
(A) The seller must tender all such documents in correct form, except as provided in this chapter with respect to bills of lading in a set, pursuant to § 47-2-323(2) ; and
(B) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection.
Acts 1963, ch. 81, § 1 (2-503); Acts 2008, ch. 814, § 8.
Tenn. Code Ann. § 47-25-1304 — TN Code / Title 47 / Chapter 25 / Section 47-25-1304
Prohibited supplier actions
Status: in_force

No supplier shall: (1) Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier; (2) Condition the sale of additional equipment to a retailer upon a requirement that the retailer also purchase other goods or services, except that a supplier may require the retailer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area; (3) Coerce a retailer into refusing to purchase equipment manufactured by another supplier; or (4) Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the retailer's control. Acts 1999, ch. 193, § 5.
No supplier shall:
(1) Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier;
(2) Condition the sale of additional equipment to a retailer upon a requirement that the retailer also purchase other goods or services, except that a supplier may require the retailer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area;
(3) Coerce a retailer into refusing to purchase equipment manufactured by another supplier; or
(4) Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the retailer's control.
Acts 1999, ch. 193, § 5.
Tenn. Code Ann. § 47-18-2702 — TN Code / Title 47 / Chapter 18 / Section 47-18-2702
Jurisdiction
Status: in_force

(a) Any person subject to liability under this part shall be deemed, as a matter of law, to have purposefully availed themselves of the privileges of conducting activities within Tennessee, sufficient to subject the person to the personal jurisdiction of the circuit or chancery court hearing an action brought pursuant to this part. (b) An action for violation of this part may be brought: (1) In the county where the plaintiff resides; (2) In the county where the plaintiff conducts business; or (3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed. (c) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this part, it shall enjoin the defendant from a continuance thereof. (2) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant one hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within Tennessee, or ten thousand dollars ($10,000), whichever is greater. (d) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and any other applicable criminal, civil or administrative penalties. Acts 2001, ch. 173, § 2.
(a) Any person subject to liability under this part shall be deemed, as a matter of law, to have purposefully availed themselves of the privileges of conducting activities within Tennessee, sufficient to subject the person to the personal jurisdiction of the circuit or chancery court hearing an action brought pursuant to this part.
(b) An action for violation of this part may be brought: (1) In the county where the plaintiff resides; (2) In the county where the plaintiff conducts business; or (3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.
(1) In the county where the plaintiff resides;
(2) In the county where the plaintiff conducts business; or
(3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.
(c) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this part, it shall enjoin the defendant from a continuance thereof. (2) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant one hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within Tennessee, or ten thousand dollars ($10,000), whichever is greater.
(1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this part, it shall enjoin the defendant from a continuance thereof.
(2) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant one hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within Tennessee, or ten thousand dollars ($10,000), whichever is greater.
(d) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter and any other applicable criminal, civil or administrative penalties.
Acts 2001, ch. 173, § 2.
Tenn. Code Ann. § 47-18-5601 — TN Code / Title 47 / Chapter 18 / Section 47-18-5601
Part definitions
Status: in_force

As used in this part: (1) "Air ambulance membership agreement": (A) Means an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services; and (B) Does not include a health insurance plan or policy regulated under title 56; (2) "Air ambulance membership organization" means an individual or entity that provides an air ambulance membership agreement; and (3) "Consumer protection division" or "division" means the consumer protection division of the office of the attorney general and reporter. Added by 2023 Tenn. Acts, ch. 148,s 1, eff. 7/1/2023.
As used in this part:
(1) "Air ambulance membership agreement": (A) Means an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services; and (B) Does not include a health insurance plan or policy regulated under title 56;
(A) Means an agreement in exchange for consideration to pay for, indemnify, or provide an amount to a person for the cost of air ambulance services; and
(B) Does not include a health insurance plan or policy regulated under title 56;
(2) "Air ambulance membership organization" means an individual or entity that provides an air ambulance membership agreement; and
(3) "Consumer protection division" or "division" means the consumer protection division of the office of the attorney general and reporter.
Added by 2023 Tenn. Acts, ch. 148,s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-1-107 — TN Code / Title 47 / Chapter 1 / Section 47-1-107
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 , et seq., except that nothing in this chapter modifies, limits, or supersedes § 7001(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorizes electronic delivery of any of the notices described in § 7003(b) of that act, codified in 15 U.S.C. § 7003(b) . Acts 2008, ch. 930, § 1.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 , et seq., except that nothing in this chapter modifies, limits, or supersedes § 7001(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorizes electronic delivery of any of the notices described in § 7003(b) of that act, codified in 15 U.S.C. § 7003(b) .
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-509 — TN Code / Title 47 / Chapter 18 / Section 47-18-509
Violations of part - Penalties
Status: in_force

A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act. Acts 1986, ch. 863, § 1.
A violation of this part shall constitute a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-2-206 — TN Code / Title 47 / Chapter 2 / Section 47-2-206
Offer and acceptance in formation of contract
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances: (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. Acts 1963, ch. 81, § 1 (2-206).
(1) Unless otherwise unambiguously indicated by the language or circumstances: (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
(b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Acts 1963, ch. 81, § 1 (2-206).
Tenn. Code Ann. § 47-11-104 — TN Code / Title 47 / Chapter 11 / Section 47-11-104
Retail charge agreements
Status: in_force

(a) Form and Contents; Delivery to Buyer. (1) Every retail charge agreement shall be in writing and shall be signed by the retail buyer. (2) A retail charge agreement shall be deemed to be signed or accepted by the retail buyer if, after a request for a retail charge account, such agreement or application for a retail charge account is in fact signed by the retail buyer, or if that retail charge account is used by the retail buyer or another person authorized by the retail buyer to use the account. The agreement shall provide that it shall not become effective unless and until the seller or assignee has provided the disclosures required pursuant to the federal Truth-in-Lending Act, compiled in 15 U.S.C. § 1601 et seq., the retail buyer or a person authorized by the retail buyer uses the retail charge account, and the seller or assignee extends credit to the retail buyer for that transaction on the retail charge account. (3) A copy of any such agreement executed on or after March 15, 1961, shall at the request of the buyer be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due under the agreement. An acknowledgment of the delivery thereof contained in the body of the agreement shall be presumptive proof of delivery in any action. (4) All agreements executed on or after March 15, 1961, shall state the amount of, or the method of calculating, the time price differential to be charged and paid pursuant thereto or shall state that a time price differential not in excess of that permitted by this chapter will be charged and paid accordingly. (b) Monthly Statements; Payment in Full Privilege. (1) The retail seller under a retail charge agreement shall promptly supply the retail buyer under such agreement with a statement as of the end of each monthly period (which need not be a calendar month) or other regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid balance thereunder, which shall recite the following: (A) The unpaid balance under the retail charge agreement at the beginning and end of the period; (B) Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, an identification of the goods or services purchased during the period, the cash price, and the date of each purchase; (C) The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period; (D) The amount of the time price differential, if any; and (E) A legend to the effect that the retail buyer may at any time pay the total balance, if such legend is not stated in the original contract signed by the buyer. (2) The subdivisions need not be stated in the sequence or order set forth above, and additional items may be included to explain the computations made in determining the amount to be paid by the retail buyer. (c) Time Price Differential. Notwithstanding any other law, the seller and assignee under a retail charge agreement may charge, receive and collect a time price differential which shall not exceed seventeen and one-half cents (17½¢) per ten dollars ($10.00) per month, computed from month to month (which need not be a calendar month) or other regular period, on all amounts unpaid from time to time under the agreement. The time price differential under this subsection (c) may be computed for all unpaid balances within a range of not in excess of ten dollars ($10.00) on the basis of the median amount within such range, if as so computed such time price differential is applied to all unpaid balances within such range. A minimum time price differential not in excess of seventy cents (70¢) per month may be charged, received and collected under each such agreement. Acts 1961, ch. 110, § 1; T.C.A., § 47-1904; Acts 1982, ch. 723, § 2; 1983, ch. 328, §2; 1998, ch. 799, § 1.
(a) Form and Contents; Delivery to Buyer. (1) Every retail charge agreement shall be in writing and shall be signed by the retail buyer. (2) A retail charge agreement shall be deemed to be signed or accepted by the retail buyer if, after a request for a retail charge account, such agreement or application for a retail charge account is in fact signed by the retail buyer, or if that retail charge account is used by the retail buyer or another person authorized by the retail buyer to use the account. The agreement shall provide that it shall not become effective unless and until the seller or assignee has provided the disclosures required pursuant to the federal Truth-in-Lending Act, compiled in 15 U.S.C. § 1601 et seq., the retail buyer or a person authorized by the retail buyer uses the retail charge account, and the seller or assignee extends credit to the retail buyer for that transaction on the retail charge account. (3) A copy of any such agreement executed on or after March 15, 1961, shall at the request of the buyer be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due under the agreement. An acknowledgment of the delivery thereof contained in the body of the agreement shall be presumptive proof of delivery in any action. (4) All agreements executed on or after March 15, 1961, shall state the amount of, or the method of calculating, the time price differential to be charged and paid pursuant thereto or shall state that a time price differential not in excess of that permitted by this chapter will be charged and paid accordingly.
(1) Every retail charge agreement shall be in writing and shall be signed by the retail buyer.
(2) A retail charge agreement shall be deemed to be signed or accepted by the retail buyer if, after a request for a retail charge account, such agreement or application for a retail charge account is in fact signed by the retail buyer, or if that retail charge account is used by the retail buyer or another person authorized by the retail buyer to use the account. The agreement shall provide that it shall not become effective unless and until the seller or assignee has provided the disclosures required pursuant to the federal Truth-in-Lending Act, compiled in 15 U.S.C. § 1601 et seq., the retail buyer or a person authorized by the retail buyer uses the retail charge account, and the seller or assignee extends credit to the retail buyer for that transaction on the retail charge account.
(3) A copy of any such agreement executed on or after March 15, 1961, shall at the request of the buyer be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due under the agreement. An acknowledgment of the delivery thereof contained in the body of the agreement shall be presumptive proof of delivery in any action.
(4) All agreements executed on or after March 15, 1961, shall state the amount of, or the method of calculating, the time price differential to be charged and paid pursuant thereto or shall state that a time price differential not in excess of that permitted by this chapter will be charged and paid accordingly.
(b) Monthly Statements; Payment in Full Privilege. (1) The retail seller under a retail charge agreement shall promptly supply the retail buyer under such agreement with a statement as of the end of each monthly period (which need not be a calendar month) or other regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid balance thereunder, which shall recite the following: (A) The unpaid balance under the retail charge agreement at the beginning and end of the period; (B) Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, an identification of the goods or services purchased during the period, the cash price, and the date of each purchase; (C) The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period; (D) The amount of the time price differential, if any; and (E) A legend to the effect that the retail buyer may at any time pay the total balance, if such legend is not stated in the original contract signed by the buyer. (2) The subdivisions need not be stated in the sequence or order set forth above, and additional items may be included to explain the computations made in determining the amount to be paid by the retail buyer.
(1) The retail seller under a retail charge agreement shall promptly supply the retail buyer under such agreement with a statement as of the end of each monthly period (which need not be a calendar month) or other regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid balance thereunder, which shall recite the following: (A) The unpaid balance under the retail charge agreement at the beginning and end of the period; (B) Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, an identification of the goods or services purchased during the period, the cash price, and the date of each purchase; (C) The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period; (D) The amount of the time price differential, if any; and (E) A legend to the effect that the retail buyer may at any time pay the total balance, if such legend is not stated in the original contract signed by the buyer.
(A) The unpaid balance under the retail charge agreement at the beginning and end of the period;
(B) Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, an identification of the goods or services purchased during the period, the cash price, and the date of each purchase;
(C) The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period;
(D) The amount of the time price differential, if any; and
(E) A legend to the effect that the retail buyer may at any time pay the total balance, if such legend is not stated in the original contract signed by the buyer.
(2) The subdivisions need not be stated in the sequence or order set forth above, and additional items may be included to explain the computations made in determining the amount to be paid by the retail buyer.
(c) Time Price Differential. Notwithstanding any other law, the seller and assignee under a retail charge agreement may charge, receive and collect a time price differential which shall not exceed seventeen and one-half cents (17½¢) per ten dollars ($10.00) per month, computed from month to month (which need not be a calendar month) or other regular period, on all amounts unpaid from time to time under the agreement. The time price differential under this subsection (c) may be computed for all unpaid balances within a range of not in excess of ten dollars ($10.00) on the basis of the median amount within such range, if as so computed such time price differential is applied to all unpaid balances within such range. A minimum time price differential not in excess of seventy cents (70¢) per month may be charged, received and collected under each such agreement.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1904; Acts 1982, ch. 723, § 2; 1983, ch. 328, §2; 1998, ch. 799, § 1.
Tenn. Code Ann. § 47-2a-212 — TN Code / Title 47 / Chapter 2a / Section 47-2a-212
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT (§§ 47-2A-201 — 47-2A-221) Section 47-2A-212 - Implied warranty of merchantability
Status: in_force

(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the description in the lease agreement; (b) in the case of fungible goods, are of fair average quality within the description; (c) are fit for the ordinary purposes for which goods of that type are used; (d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (e) are adequately contained, packaged, and labeled as the lease agreement may require; and (f) conform to any promises or affirmations of fact made on the container or label. (3) Other implied warranties may arise from course of dealing or usage of trade. Acts 1993, ch. 398, § 1.
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the description in the lease agreement; (b) in the case of fungible goods, are of fair average quality within the description; (c) are fit for the ordinary purposes for which goods of that type are used; (d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (e) are adequately contained, packaged, and labeled as the lease agreement may require; and (f) conform to any promises or affirmations of fact made on the container or label.
(a) pass without objection in the trade under the description in the lease agreement;
(b) in the case of fungible goods, are of fair average quality within the description;
(c) are fit for the ordinary purposes for which goods of that type are used;
(d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;
(e) are adequately contained, packaged, and labeled as the lease agreement may require; and
(f) conform to any promises or affirmations of fact made on the container or label.
(3) Other implied warranties may arise from course of dealing or usage of trade.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-26-1117 — TN Code / Title 47 / Chapter 26 / Section 47-26-1117
Rulemaking power of commissioner
Status: in_force

The commissioner is authorized to enforce this part and the commissioner may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1997, ch. 311, § 3.
The commissioner is authorized to enforce this part and the commissioner may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-9-525 — TN Code / Title 47 / Chapter 9 / Section 47-9-525
Fees
Status: in_force

(a) Initial financing statement. Except as otherwise provided in subsection (d), the uniform fee for filing and indexing a record under this part is: (1) fifteen dollars ($15.00) if the record is communicated in writing and consists of ten (10) or fewer pages; or (2) fifteen dollars ($15.00) plus fifty cents (50¢) per page in excess of ten (10) pages, if the record is communicated in writing and consists of more than ten (10) pages. (3) an amount as established by filing-office rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if the record is communicated by another medium authorized by the filing office. (b) Number of names. Except as otherwise provided in subsection (e), if a record is communicated in writing, the uniform fee for each name more than one required to be indexed is fifteen dollars ($15.00). (c) Response to information request. (1) The uniform fee for responding to a written request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is fifteen dollars ($15.00). Upon request, the filing office shall furnish a copy of any filed financing statement for a uniform fee of one dollar ($1.00) per page. (2) The filing office may establish a uniform fee for responding to a request for information communicated by another medium authorized by the filing office, including issuing a certificate showing whether there is on file any financing statement naming a particular debtor and including a per page fee, by rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act. (d) Record of mortgage. This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 47-9-502(c) . However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply. (e) Tennessee Recording Tax. In addition to the fees described above, tax may be payable under § 67-4-409(b) , upon the filing of a financing statement. The filing officer may accept the representation on the financing statement, or in an accompanying sworn statement, of the amount of indebtedness for recording tax purposes, and need not verify the computation of the amount of such tax. The amount tendered to the filing officer shall be applied first to the filing fee and then to any tax imposed on the filing. No statement of indebtedness prescribed by law on or accompanying a financing statement shall limit the amount of any security interest perfected by filing the financing statement or shall otherwise impair its effectiveness. Acts 2000, ch. 846, § 1.
(a) Initial financing statement. Except as otherwise provided in subsection (d), the uniform fee for filing and indexing a record under this part is: (1) fifteen dollars ($15.00) if the record is communicated in writing and consists of ten (10) or fewer pages; or (2) fifteen dollars ($15.00) plus fifty cents (50¢) per page in excess of ten (10) pages, if the record is communicated in writing and consists of more than ten (10) pages. (3) an amount as established by filing-office rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if the record is communicated by another medium authorized by the filing office.
(1) fifteen dollars ($15.00) if the record is communicated in writing and consists of ten (10) or fewer pages; or
(2) fifteen dollars ($15.00) plus fifty cents (50¢) per page in excess of ten (10) pages, if the record is communicated in writing and consists of more than ten (10) pages.
(3) an amount as established by filing-office rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if the record is communicated by another medium authorized by the filing office.
(b) Number of names. Except as otherwise provided in subsection (e), if a record is communicated in writing, the uniform fee for each name more than one required to be indexed is fifteen dollars ($15.00).
(c) Response to information request. (1) The uniform fee for responding to a written request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is fifteen dollars ($15.00). Upon request, the filing office shall furnish a copy of any filed financing statement for a uniform fee of one dollar ($1.00) per page. (2) The filing office may establish a uniform fee for responding to a request for information communicated by another medium authorized by the filing office, including issuing a certificate showing whether there is on file any financing statement naming a particular debtor and including a per page fee, by rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act.
(1) The uniform fee for responding to a written request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is fifteen dollars ($15.00). Upon request, the filing office shall furnish a copy of any filed financing statement for a uniform fee of one dollar ($1.00) per page.
(2) The filing office may establish a uniform fee for responding to a request for information communicated by another medium authorized by the filing office, including issuing a certificate showing whether there is on file any financing statement naming a particular debtor and including a per page fee, by rule adopted and promulgated in accordance with the Uniform Administrative Procedures Act.
(d) Record of mortgage. This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 47-9-502(c) . However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
(e) Tennessee Recording Tax. In addition to the fees described above, tax may be payable under § 67-4-409(b) , upon the filing of a financing statement. The filing officer may accept the representation on the financing statement, or in an accompanying sworn statement, of the amount of indebtedness for recording tax purposes, and need not verify the computation of the amount of such tax. The amount tendered to the filing officer shall be applied first to the filing fee and then to any tax imposed on the filing. No statement of indebtedness prescribed by law on or accompanying a financing statement shall limit the amount of any security interest perfected by filing the financing statement or shall otherwise impair its effectiveness.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-1-308 — TN Code / Title 47 / Chapter 1 / Section 47-1-308
Performance or acceptance under reservation of rights
Status: in_force

(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient. (b) Subsection (a) does not apply to an accord and satisfaction. Acts 2008, ch. 930, § 1.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.
(b) Subsection (a) does not apply to an accord and satisfaction.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-3-402 — TN Code / Title 47 / Chapter 3 / Section 47-3-402
Signature by representative
Status: in_force

(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument. (b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply: (1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument. (2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument. (c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person. Acts 1995, ch. 397, § 2.
(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.
(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply: (1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument. (2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.
(2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-11-105 — TN Code / Title 47 / Chapter 11 / Section 47-11-105
Mail order and telephone sales
Status: in_force

(a) Retail installment contracts and retail charge agreements negotiated and entered into by mail or telephone without personal solicitation by salespersons or other representatives of the seller, where a catalog of the seller or other printed solicitation of business, which is distributed and made available generally to the public, clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this section. (b) (1) All of the provisions of this chapter apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 47-11-103(e) and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalog or other printed solicitation which is then in effect. (2) In lieu of sending the buyer a copy of the contract as provided in § 47-11-103(e) , the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer. Acts 1961, ch. 110, § 1; T.C.A., § 47-1905.
(a) Retail installment contracts and retail charge agreements negotiated and entered into by mail or telephone without personal solicitation by salespersons or other representatives of the seller, where a catalog of the seller or other printed solicitation of business, which is distributed and made available generally to the public, clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this section.
(b) (1) All of the provisions of this chapter apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 47-11-103(e) and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalog or other printed solicitation which is then in effect. (2) In lieu of sending the buyer a copy of the contract as provided in § 47-11-103(e) , the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer.
(1) All of the provisions of this chapter apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 47-11-103(e) and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalog or other printed solicitation which is then in effect.
(2) In lieu of sending the buyer a copy of the contract as provided in § 47-11-103(e) , the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1905.
Tenn. Code Ann. § 47-3-404 — TN Code / Title 47 / Chapter 3 / Section 47-3-404
Impostors - Fictitious payees
Status: in_force

(a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. (b) If (i) a person whose intent determines to whom an instrument is payable (§ 47-3-110(a) or (b) ) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement: (1) Any person in possession of the instrument is its holder. (2) An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. (c) Under subsection (a) or (b), an endorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee. Acts 1995, ch. 397, § 2.
(a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an endorsement of the instrument by any person in the name of the payee is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(b) If (i) a person whose intent determines to whom an instrument is payable (§ 47-3-110(a) or (b) ) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special endorsement: (1) Any person in possession of the instrument is its holder. (2) An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(1) Any person in possession of the instrument is its holder.
(2) An endorsement by any person in the name of the payee stated in the instrument is effective as the endorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(c) Under subsection (a) or (b), an endorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee or (ii) the instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1805 — TN Code / Title 47 / Chapter 25 / Section 47-25-1805
Excluded expenses
Status: in_force

Expenses expressly excluded under the supplier's warranty to the customer shall not be included or required to be paid on requests for compensation from the retailer for warranty work performed. Acts 2001, ch. 425, § 1.
Expenses expressly excluded under the supplier's warranty to the customer shall not be included or required to be paid on requests for compensation from the retailer for warranty work performed.
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-2-308 — TN Code / Title 47 / Chapter 2 / Section 47-2-308
Absence of specified place for delivery
Status: in_force

Unless otherwise agreed: (a) the place for delivery of goods is the seller's place of business or if he has none his residence; but (b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and (c) documents of title may be delivered through customary banking channels. Acts 1963, ch. 81, § 1 (2-308).
Unless otherwise agreed:
(a) the place for delivery of goods is the seller's place of business or if he has none his residence; but
(b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and
(c) documents of title may be delivered through customary banking channels.
Acts 1963, ch. 81, § 1 (2-308).
Tenn. Code Ann. § 47-4-106 — TN Code / Title 47 / Chapter 4 / Section 47-4-106
Payable through or payable at bank - Collecting bank
Status: in_force

(a) If an item states that it is "payable through" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank. (b) If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank. (c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank. Acts 1995, ch. 397, § 3.
(a) If an item states that it is "payable through" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(b) If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.
Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-1308 — TN Code / Title 47 / Chapter 18 / Section 47-18-1308
Officials or employees administering or enforcing part - Reports of interests in conveyances - Restrictions on use of samples
Status: in_force

(a) Each official and employee within the department, and each official and employee of a person contracting with the department, who is directly or indirectly involved in the administration or enforcement of this part, and who has a direct or indirect interest in the conveyance of kerosene or motor fuel for consumption in Tennessee, shall annually file a written statement summarizing the official's or employee's involvement in the administration or enforcement of this part as well as the official's or employee's interest in the conveyance of kerosene or motor fuel for consumption in Tennessee. The statements shall constitute open records, shall be kept on file in the commissioner's office, and shall be available for public inspection during the department's regular business hours. (b) No official or employee within the department and no official or employee of a person contracting with the department shall take away or appropriate for the official's or employee's own use any sample collected by or submitted to the department for testing. By duly promulgated rule, the department shall establish policies and procedures governing the use, disposal, or sale of any samples remaining unused after testing thereon is completed. Acts 1989, ch. 397, § 8.
(a) Each official and employee within the department, and each official and employee of a person contracting with the department, who is directly or indirectly involved in the administration or enforcement of this part, and who has a direct or indirect interest in the conveyance of kerosene or motor fuel for consumption in Tennessee, shall annually file a written statement summarizing the official's or employee's involvement in the administration or enforcement of this part as well as the official's or employee's interest in the conveyance of kerosene or motor fuel for consumption in Tennessee. The statements shall constitute open records, shall be kept on file in the commissioner's office, and shall be available for public inspection during the department's regular business hours.
(b) No official or employee within the department and no official or employee of a person contracting with the department shall take away or appropriate for the official's or employee's own use any sample collected by or submitted to the department for testing. By duly promulgated rule, the department shall establish policies and procedures governing the use, disposal, or sale of any samples remaining unused after testing thereon is completed.
Acts 1989, ch. 397, § 8.
Tenn. Code Ann. § 47-18-505 — TN Code / Title 47 / Chapter 18 / Section 47-18-505
Contracts - Duration
Status: in_force

No contract shall be valid for a term longer than eighteen (18) months from the date upon which the contract is signed. However, a club may allow a member to convert such member's contract into a contract for a period longer than eighteen (18) months after the member has been a member of the club for a period of at least six (6) months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of fourteen (14) points. No contract shall contain an automatic renewal clause; provided, that such an agreement may provide for the buyer to exercise a renewal. Acts 1986, ch. 863, § 1.
No contract shall be valid for a term longer than eighteen (18) months from the date upon which the contract is signed. However, a club may allow a member to convert such member's contract into a contract for a period longer than eighteen (18) months after the member has been a member of the club for a period of at least six (6) months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of fourteen (14) points. No contract shall contain an automatic renewal clause; provided, that such an agreement may provide for the buyer to exercise a renewal.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-22-301 — TN Code / Title 47 / Chapter 22 / Section 47-22-301
Part definitions
Status: in_force

As used in this part: (1) "Account purchase transaction" means an agreement under which a commercial entity sells accounts, instruments, documents, or chattel paper to another commercial entity subject to a discount or fee, regardless of whether the commercial entity has a repurchase obligation related to the transaction; (2) "Acquired" means the obtaining of business records, a credit card account, or an instrument evidencing an outstanding debt through an ownership transfer, including a contractual agreement, an account purchase transaction or assignment in a creditor's regularly conducted business; (3) "Cardholder" means any person who has agreed with a card issuer to pay debts arising from card transactions, whether the card used in such transactions has been issued to the cardholder or to another person; (4) "Credit card account" means any account that can be accessed by a credit card, including a debit card with a credit feature, whereby the cardholder may obtain loans from time to time either by credit card cash advance or by the purchase or satisfactions by the bank of obligations of the cardholder incurred pursuant to a credit card; (5) "Creditor" means the person, business, financial institution or commercial entity that currently owns a credit card account or an instrument evidencing outstanding debt; (6) "Custodian" means and includes an individual, agent, employee, representative, or officer of a creditor, or an individual, agent, employee, representative, or officer of a management company charged with keeping a creditor's records, or any individual familiar with the books and records of a creditor or an appropriately designated person who is an official custodian of records; (7) "Electronic records" means that information evidenced by a record or records consisting of information stored electronically which may be produced tangibly; (8) "Financial institution" means: (A) A banking institution that is authorized to issue credit cards pursuant to federal or state law; (B) A banking subsidiary owned by a bank holding company as defined in 12 U.S.C. § 1841 , or by a savings and loan holding company as defined in 12 U.S.C. § 1467a(a)(1)(D) ; or (C) Any other federally regulated banking institution; (9) "Incorporated" means to integrate into records, to make a part of records, to place within records, or to treat as records; (10) "Issuer" means a person, business, financial institution, commercial entity or authorized agent of a financial institution that currently issues a credit card account or an instrument evidencing outstanding debt; (11) "Original creditor" means the person, business, financial institution or commercial entity that had the original contractual agreement with a cardholder on a credit card account or an instrument evidencing outstanding debt; (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity; and (13) "Succeeding creditor" means any creditor, not the originating creditor, succeeding to an ownership interest in a credit card account or an instrument evidencing outstanding debt by bill of sale or assignment. Added by 2013 Tenn. Acts, ch. 186,s 1, eff. 7/1/2013.
As used in this part:
(1) "Account purchase transaction" means an agreement under which a commercial entity sells accounts, instruments, documents, or chattel paper to another commercial entity subject to a discount or fee, regardless of whether the commercial entity has a repurchase obligation related to the transaction;
(2) "Acquired" means the obtaining of business records, a credit card account, or an instrument evidencing an outstanding debt through an ownership transfer, including a contractual agreement, an account purchase transaction or assignment in a creditor's regularly conducted business;
(3) "Cardholder" means any person who has agreed with a card issuer to pay debts arising from card transactions, whether the card used in such transactions has been issued to the cardholder or to another person;
(4) "Credit card account" means any account that can be accessed by a credit card, including a debit card with a credit feature, whereby the cardholder may obtain loans from time to time either by credit card cash advance or by the purchase or satisfactions by the bank of obligations of the cardholder incurred pursuant to a credit card;
(5) "Creditor" means the person, business, financial institution or commercial entity that currently owns a credit card account or an instrument evidencing outstanding debt;
(6) "Custodian" means and includes an individual, agent, employee, representative, or officer of a creditor, or an individual, agent, employee, representative, or officer of a management company charged with keeping a creditor's records, or any individual familiar with the books and records of a creditor or an appropriately designated person who is an official custodian of records;
(7) "Electronic records" means that information evidenced by a record or records consisting of information stored electronically which may be produced tangibly;
(8) "Financial institution" means: (A) A banking institution that is authorized to issue credit cards pursuant to federal or state law; (B) A banking subsidiary owned by a bank holding company as defined in 12 U.S.C. § 1841 , or by a savings and loan holding company as defined in 12 U.S.C. § 1467a(a)(1)(D) ; or (C) Any other federally regulated banking institution;
(A) A banking institution that is authorized to issue credit cards pursuant to federal or state law;
(B) A banking subsidiary owned by a bank holding company as defined in 12 U.S.C. § 1841 , or by a savings and loan holding company as defined in 12 U.S.C. § 1467a(a)(1)(D) ; or
(C) Any other federally regulated banking institution;
(9) "Incorporated" means to integrate into records, to make a part of records, to place within records, or to treat as records;
(10) "Issuer" means a person, business, financial institution, commercial entity or authorized agent of a financial institution that currently issues a credit card account or an instrument evidencing outstanding debt;
(11) "Original creditor" means the person, business, financial institution or commercial entity that had the original contractual agreement with a cardholder on a credit card account or an instrument evidencing outstanding debt;
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity; and
(13) "Succeeding creditor" means any creditor, not the originating creditor, succeeding to an ownership interest in a credit card account or an instrument evidencing outstanding debt by bill of sale or assignment.
Added by 2013 Tenn. Acts, ch. 186,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 47-5-102 — TN Code / Title 47 / Chapter 5 / Section 47-5-102
Definitions
Status: in_force

(a) In this article: (1) "Adviser" means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed or amended; (2) "Applicant" means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer; (3) "Beneficiary" means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit; (4) "Confirmer" means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another; (5) "Dishonor" of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit; (6) "Document" means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion: (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 47-5-108(e) ; and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral; (7) "Good faith" means honesty in fact in the conduct or transaction concerned; (8) "Honor" of a letter of credit means performance of the issuer's undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, "honor" occurs: (i) upon payment; (ii) if the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or (iii) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance; (9) "Issuer" means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes; (10) "Letter of credit" means a definite undertaking that satisfies the requirements of Section 47-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value; (11) "Nominated person" means a person whom the issuer: (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and (ii) undertakes by agreement or custom and practice to reimburse; (12) "Presentation" means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit; (13) "Presenter" means a person making a presentation as or on behalf of a beneficiary or nominated person; (14) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form; and (15) "Successor of a beneficiary" means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver. (b) Definitions in other Articles applying to this article and the sections in which they appear are: "Accept" or "Acceptance" Section 47-3-409 "Value" Sections 47-3-303 , 47-4-211 (c) Tennessee Code Annotated, Title 47, Chapter 1, contains certain additional general definitions and principles of construction and interpretation applicable throughout this article. Acts 1998, ch. 675, § 1.
(a) In this article: (1) "Adviser" means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed or amended; (2) "Applicant" means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer; (3) "Beneficiary" means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit; (4) "Confirmer" means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another; (5) "Dishonor" of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit; (6) "Document" means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion: (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 47-5-108(e) ; and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral; (7) "Good faith" means honesty in fact in the conduct or transaction concerned; (8) "Honor" of a letter of credit means performance of the issuer's undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, "honor" occurs: (i) upon payment; (ii) if the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or (iii) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance; (9) "Issuer" means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes; (10) "Letter of credit" means a definite undertaking that satisfies the requirements of Section 47-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value; (11) "Nominated person" means a person whom the issuer: (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and (ii) undertakes by agreement or custom and practice to reimburse; (12) "Presentation" means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit; (13) "Presenter" means a person making a presentation as or on behalf of a beneficiary or nominated person; (14) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form; and (15) "Successor of a beneficiary" means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.
(1) "Adviser" means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed or amended;
(2) "Applicant" means a person at whose request or for whose account a letter of credit is issued. The term includes a person who requests an issuer to issue a letter of credit on behalf of another if the person making the request undertakes an obligation to reimburse the issuer;
(3) "Beneficiary" means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. The term includes a person to whom drawing rights have been transferred under a transferable letter of credit;
(4) "Confirmer" means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another;
(5) "Dishonor" of a letter of credit means failure timely to honor or to take an interim action, such as acceptance of a draft, that may be required by the letter of credit;
(6) "Document" means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion: (i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 47-5-108(e) ; and (ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral;
(i) which is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in § 47-5-108(e) ; and
(ii) which is capable of being examined for compliance with the terms and conditions of the letter of credit. A document may not be oral;
A document may not be oral;
(7) "Good faith" means honesty in fact in the conduct or transaction concerned;
(8) "Honor" of a letter of credit means performance of the issuer's undertaking in the letter of credit to pay or deliver an item of value. Unless the letter of credit otherwise provides, "honor" occurs: (i) upon payment; (ii) if the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or (iii) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance;
(i) upon payment;
(ii) if the letter of credit provides for acceptance, upon acceptance of a draft and, at maturity, its payment; or
(iii) if the letter of credit provides for incurring a deferred obligation, upon incurring the obligation and, at maturity, its performance;
(9) "Issuer" means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes;
(10) "Letter of credit" means a definite undertaking that satisfies the requirements of Section 47-5-104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value;
(11) "Nominated person" means a person whom the issuer: (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and (ii) undertakes by agreement or custom and practice to reimburse;
(i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit; and
(ii) undertakes by agreement or custom and practice to reimburse;
(12) "Presentation" means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit;
(13) "Presenter" means a person making a presentation as or on behalf of a beneficiary or nominated person;
(14) "Record" means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(15) "Successor of a beneficiary" means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.
(b) Definitions in other Articles applying to this article and the sections in which they appear are: "Accept" or "Acceptance" Section 47-3-409 "Value" Sections 47-3-303 , 47-4-211
"Accept" or "Acceptance" Section 47-3-409
"Value" Sections 47-3-303 , 47-4-211
(c) Tennessee Code Annotated, Title 47, Chapter 1, contains certain additional general definitions and principles of construction and interpretation applicable throughout this article.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-2-104 — TN Code / Title 47 / Chapter 2 / Section 47-2-104
Definitions - "Merchant" - "Financing agency" - "Between merchants."
Status: in_force

(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. (2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (§ 47-2-707 ). (3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. Acts 1963, ch. 81, § 1 (2-104); Acts 2008 , ch. 814, § 4.
(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (§ 47-2-707 ).
(3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Acts 1963, ch. 81, § 1 (2-104); Acts 2008 , ch. 814, § 4.
Tenn. Code Ann. § 47-25-1602 — TN Code / Title 47 / Chapter 25 / Section 47-25-1602
Recordkeeping - Receipts
Status: in_force

(a) Every new and unused property merchant shall maintain receipts for the acquisition of new and unused property which must contain all of the following information: (1) The date of the transaction on which the property was acquired; (2) The name and address of the person, corporation, or entity from whom the property was acquired; (3) An identification and description of the property acquired; (4) The price paid for such property; and (5) The signatures of the person selling the property and the new and unused property merchant only if the new and unused property merchant acquires the property vis-á-vis the person selling the property if such person is not regularly engaged in the normal course of business of selling such property. (b) If a new and unused property merchant makes a single purchase of five hundred dollars ($500) or more from an individual or corporation, the bill of sale from such purchase shall be sufficient to satisfy the recordkeeping requirements of this subsection (a). Acts 1998, ch. 884, § 2.
(a) Every new and unused property merchant shall maintain receipts for the acquisition of new and unused property which must contain all of the following information: (1) The date of the transaction on which the property was acquired; (2) The name and address of the person, corporation, or entity from whom the property was acquired; (3) An identification and description of the property acquired; (4) The price paid for such property; and (5) The signatures of the person selling the property and the new and unused property merchant only if the new and unused property merchant acquires the property vis-á-vis the person selling the property if such person is not regularly engaged in the normal course of business of selling such property.
(1) The date of the transaction on which the property was acquired;
(2) The name and address of the person, corporation, or entity from whom the property was acquired;
(3) An identification and description of the property acquired;
(4) The price paid for such property; and
(5) The signatures of the person selling the property and the new and unused property merchant only if the new and unused property merchant acquires the property vis-á-vis the person selling the property if such person is not regularly engaged in the normal course of business of selling such property.
(b) If a new and unused property merchant makes a single purchase of five hundred dollars ($500) or more from an individual or corporation, the bill of sale from such purchase shall be sufficient to satisfy the recordkeeping requirements of this subsection (a).
Acts 1998, ch. 884, § 2.
Tenn. Code Ann. § 47-25-1312 — TN Code / Title 47 / Chapter 25 / Section 47-25-1312
Applicability
Status: in_force

This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Any contractual term restricting the procedural or substantive rights of a retailer under this part, including a choice of law or choice of forum clause, is void. Acts 1999, ch. 193, § 13.
This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Any contractual term restricting the procedural or substantive rights of a retailer under this part, including a choice of law or choice of forum clause, is void.
Acts 1999, ch. 193, § 13.
Tenn. Code Ann. § 47-25-1912 — TN Code / Title 47 / Chapter 25 / Section 47-25-1912
Applicability
Status: in_force

This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Acts 2007, ch. 188, § 13.
This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers.
Acts 2007, ch. 188, § 13.
Tenn. Code Ann. § 47-18-2205 — TN Code / Title 47 / Chapter 18 / Section 47-18-2205
Liability for damages
Status: in_force

Any person found to be in violation of this part shall be liable to the aggrieved consumer for all actual damages sustained by such consumer as a result of the violation. Acts 1999, ch. 342, § 6.
Any person found to be in violation of this part shall be liable to the aggrieved consumer for all actual damages sustained by such consumer as a result of the violation.
Acts 1999, ch. 342, § 6.
Tenn. Code Ann. § 47-26-1108 — TN Code / Title 47 / Chapter 26 / Section 47-26-1108
Examination and calibration or certification of standards and testing equipment
Status: in_force

A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. A registered serviceperson or agency shall not use in servicing commercial weighing or measuring devices any standards or testing equipment that has not been certified by the commissioner. Standards calibrated by another state weights and measures laboratory that can show current traceability to the National Institute of Standards and Technology will also be recognized as standards suitable for use by registered servicepersons or service agencies in this state. Copies of laboratory certificates from another state weights and measures lab must be submitted along with serviceperson license application forms when applying for registration in this state. Acts 1997, ch. 311, § 3.
A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. A registered serviceperson or agency shall not use in servicing commercial weighing or measuring devices any standards or testing equipment that has not been certified by the commissioner. Standards calibrated by another state weights and measures laboratory that can show current traceability to the National Institute of Standards and Technology will also be recognized as standards suitable for use by registered servicepersons or service agencies in this state. Copies of laboratory certificates from another state weights and measures lab must be submitted along with serviceperson license application forms when applying for registration in this state.
Acts 1997, ch. 311, § 3.