Tenn. Code Ann. § 47-18-3314 — TN Code / Title 47 / Chapter 18 / Section 47-18-3314
[Effective 7/1/2025] Affirmative defense - Voluntary privacy program
Status: in_force

(a) A controller or processor has an affirmative defense to a cause of action for a violation of this part if the controller or processor creates, maintains, and complies with a written privacy policy that: (1) (A) Reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0." or other documented policies, standards, and procedures designed to safeguard consumer privacy; and (B) Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and (2) Provides a person with the substantive rights required by this part. (b) The scale and scope of a controller or processor's privacy program under subsection (a) is appropriate if it is based on all of the following factors: (1) The size and complexity of the controller or processor's business; (2) The nature and scope of the activities of the controller or processor; (3) The sensitivity of the personal information processed; (4) The cost and availability of tools to improve privacy protections and data governance; and (5) Compliance with a comparable state or federal law. (c) (1) In addition to subsections (a) and (b): (A) A controller may be certified pursuant to the Asia Pacific Economic Cooperation's Cross Border Privacy Rules system; and (B) A processor may be certified pursuant to the Asia Pacific Economic Cooperation's Privacy Recognition for Processors system. (2) Certifications under subdivision (c)(1) may be considered in addition to the factors in subsection (b). Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) A controller or processor has an affirmative defense to a cause of action for a violation of this part if the controller or processor creates, maintains, and complies with a written privacy policy that: (1) (A) Reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0." or other documented policies, standards, and procedures designed to safeguard consumer privacy; and (B) Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and (2) Provides a person with the substantive rights required by this part.
(1) (A) Reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0." or other documented policies, standards, and procedures designed to safeguard consumer privacy; and (B) Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and
(A) Reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework entitled "A Tool for Improving Privacy through Enterprise Risk Management Version 1.0." or other documented policies, standards, and procedures designed to safeguard consumer privacy; and
(B) Is updated to reasonably conform with a subsequent revision to the NIST or comparable privacy framework within two (2) years of the publication date stated in the most recent revision to the NIST or comparable privacy framework; and
(2) Provides a person with the substantive rights required by this part.
(b) The scale and scope of a controller or processor's privacy program under subsection (a) is appropriate if it is based on all of the following factors: (1) The size and complexity of the controller or processor's business; (2) The nature and scope of the activities of the controller or processor; (3) The sensitivity of the personal information processed; (4) The cost and availability of tools to improve privacy protections and data governance; and (5) Compliance with a comparable state or federal law.
(1) The size and complexity of the controller or processor's business;
(2) The nature and scope of the activities of the controller or processor;
(3) The sensitivity of the personal information processed;
(4) The cost and availability of tools to improve privacy protections and data governance; and
(5) Compliance with a comparable state or federal law.
(c) (1) In addition to subsections (a) and (b): (A) A controller may be certified pursuant to the Asia Pacific Economic Cooperation's Cross Border Privacy Rules system; and (B) A processor may be certified pursuant to the Asia Pacific Economic Cooperation's Privacy Recognition for Processors system. (2) Certifications under subdivision (c)(1) may be considered in addition to the factors in subsection (b).
(1) In addition to subsections (a) and (b): (A) A controller may be certified pursuant to the Asia Pacific Economic Cooperation's Cross Border Privacy Rules system; and (B) A processor may be certified pursuant to the Asia Pacific Economic Cooperation's Privacy Recognition for Processors system.
(A) A controller may be certified pursuant to the Asia Pacific Economic Cooperation's Cross Border Privacy Rules system; and
(B) A processor may be certified pursuant to the Asia Pacific Economic Cooperation's Privacy Recognition for Processors system.
(2) Certifications under subdivision (c)(1) may be considered in addition to the factors in subsection (b).
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-7-704 — TN Code / Title 47 / Chapter 7 / Section 47-7-704
Savings clause
Status: in_force

A document of title issued or a bailment that arises before July 1, 2008 and the rights, obligations, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this chapter as if amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule. Acts 2008, ch. 814, § 1.
A document of title issued or a bailment that arises before July 1, 2008 and the rights, obligations, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this chapter as if amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-25-504 — TN Code / Title 47 / Chapter 25 / Section 47-25-504
Filing of applications
Status: in_force

(a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this part. (b) The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection. (c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services. (d) Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement; or a fresh application may be required to be submitted. (e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (1) The secretary finally refuses registration of the mark; or (2) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned. (f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration. (g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with § 47-25-509 . Acts 2000, ch. 671, § 1.
(a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this part.
(b) The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
(c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement; or a fresh application may be required to be submitted.
(e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (1) The secretary finally refuses registration of the mark; or (2) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(1) The secretary finally refuses registration of the mark; or
(2) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with § 47-25-509 .
Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-22-104 — TN Code / Title 47 / Chapter 22 / Section 47-22-104
Payment by check - Identification - Use of credit card information - When prohibited - When permissible - Damages
Status: in_force

(a) As used in this section, "person" means any individual, corporation, partnership or association. (b) Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for recordation or record a credit card number in connection with: (1) A sale of goods or services in which a purchaser pays by check; or (2) The acceptance of a check. (c) A person aggrieved by a violation of this section shall be entitled to institute an action to recover such person's actual damages or one hundred dollars ($100), whichever is greater. Such action shall be brought in the general sessions or circuit court, whichever is appropriate, of the county wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, such party may be awarded reasonable attorney's fees and court costs in addition to any damages awarded. (d) This section shall not be construed to: (1) Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of such employee's or agent's employer; (2) Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or (3) Require acceptance of a check, whether or not a credit card is presented. (e) A person may require production of and may record a credit card number as a condition for cashing or accepting a check only where: (1) The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders; (2) The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or (3) The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this purpose. Acts 1991, ch. 229, § 1.
(a) As used in this section, "person" means any individual, corporation, partnership or association.
(b) Except as otherwise provided in subsection (e), no person shall, as a means of identification or for any other purpose, require that a person produce a credit card number for recordation or record a credit card number in connection with: (1) A sale of goods or services in which a purchaser pays by check; or (2) The acceptance of a check.
(1) A sale of goods or services in which a purchaser pays by check; or
(2) The acceptance of a check.
(c) A person aggrieved by a violation of this section shall be entitled to institute an action to recover such person's actual damages or one hundred dollars ($100), whichever is greater. Such action shall be brought in the general sessions or circuit court, whichever is appropriate, of the county wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, such party may be awarded reasonable attorney's fees and court costs in addition to any damages awarded.
(d) This section shall not be construed to: (1) Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of such employee's or agent's employer; (2) Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or (3) Require acceptance of a check, whether or not a credit card is presented.
(1) Impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of such employee's or agent's employer;
(2) Prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded; or
(3) Require acceptance of a check, whether or not a credit card is presented.
(e) A person may require production of and may record a credit card number as a condition for cashing or accepting a check only where: (1) The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders; (2) The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or (3) The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this purpose.
(1) The person requesting the card number has agreed with the issuer of the card to cash checks as a service to the issuer's cardholders;
(2) The issuer of the card has agreed to guarantee cardholder checks cashed by that person; or
(3) The cardholder has given actual, apparent or implied authority for use of such cardholder's card number in this manner and for this purpose.
Acts 1991, ch. 229, § 1.
Tenn. Code Ann. § 47-3-504 — TN Code / Title 47 / Chapter 3 / Section 47-3-504
Excused presentment and notice of dishonor
Status: in_force

(a) Presentment for payment or acceptance of an instrument is excused if: (i) the person entitled to present the instrument cannot with reasonable diligence make presentment; (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings; (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer; (iv) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor. (c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate. Acts 1995, ch. 397, § 2.
(a) Presentment for payment or acceptance of an instrument is excused if: (i) the person entitled to present the instrument cannot with reasonable diligence make presentment; (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings; (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer; (iv) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(i) the person entitled to present the instrument cannot with reasonable diligence make presentment;
(ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;
(iii) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer;
(iv) the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or
(v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(b) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-26-805 — TN Code / Title 47 / Chapter 26 / Section 47-26-805
Action on applications - Rulemaking
Status: in_force

(a) (1) The commissioner shall adopt and establish rules and regulations for determining the qualifications of applicants for license as certified public weigher and to otherwise enforce this part. (2) 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. (b) The commissioner may pass upon the qualifications of the applicant upon the basis of the information supplied in the application, or the commissioner may examine such applicant orally or in writing, or both, for the purpose of determining the applicant's qualifications. (c) The commissioner shall keep a record of all such applications and of all licenses issued thereon. Acts 1981, ch. 389, § 6; T.C.A., § 71-805.
(a) (1) The commissioner shall adopt and establish rules and regulations for determining the qualifications of applicants for license as certified public weigher and to otherwise enforce this part. (2) 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.
(1) The commissioner shall adopt and establish rules and regulations for determining the qualifications of applicants for license as certified public weigher and to otherwise enforce this part.
(2) 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.
(b) The commissioner may pass upon the qualifications of the applicant upon the basis of the information supplied in the application, or the commissioner may examine such applicant orally or in writing, or both, for the purpose of determining the applicant's qualifications.
(c) The commissioner shall keep a record of all such applications and of all licenses issued thereon.
Acts 1981, ch. 389, § 6; T.C.A., § 71-805.
Tenn. Code Ann. § 47-25-625 — TN Code / Title 47 / Chapter 25 / Section 47-25-625
Credit sales of gasohol, etc
Status: in_force

No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuels containing alcohol equal to at least ten percent (10%) of total volume. Acts 1980, ch. 603, § 1; T.C.A., § 69-725.
No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuels containing alcohol equal to at least ten percent (10%) of total volume.
Acts 1980, ch. 603, § 1; T.C.A., § 69-725.
Tenn. Code Ann. § 47-4a-101 — TN Code / Title 47 / Chapter 4a / Section 47-4a-101
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 47-4A-101 — 47-4A-108) Section 47-4A-101 - Short title
Status: in_force

This chapter may be cited as Uniform Commercial Code - Funds Transfers. Acts 1991, ch. 52, § 1.
This chapter may be cited as Uniform Commercial Code - Funds Transfers.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-26-914 — TN Code / Title 47 / Chapter 26 / Section 47-26-914
Method of sale
Status: in_force

(a) Except as otherwise provided by the commissioner, or by firmly established trade custom and practice: (1) Commodities in liquid form shall be sold by liquid measure or by weight; and (2) Commodities not in liquid form shall be sold by weight, by measure, or by count. (b) The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The commissioner may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practices and are so determined and represented as accurate and informative to all parties at interest. (c) (1) Natural gas motor fuels shall be sold as follows: (A) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents; and (B) Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents or diesel gallon equivalents. (2) The commissioner shall promulgate reasonable rules as are necessary to establish conversion units from mass to gasoline gallon equivalents and from mass to diesel gallon equivalents. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2015 Tenn. Acts, ch. 308,s 1, eff. 7/1/2015. Acts 1997, ch. 311, § 1.
(a) Except as otherwise provided by the commissioner, or by firmly established trade custom and practice: (1) Commodities in liquid form shall be sold by liquid measure or by weight; and (2) Commodities not in liquid form shall be sold by weight, by measure, or by count.
(1) Commodities in liquid form shall be sold by liquid measure or by weight; and
(2) Commodities not in liquid form shall be sold by weight, by measure, or by count.
(b) The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The commissioner may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practices and are so determined and represented as accurate and informative to all parties at interest.
(c) (1) Natural gas motor fuels shall be sold as follows: (A) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents; and (B) Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents or diesel gallon equivalents. (2) The commissioner shall promulgate reasonable rules as are necessary to establish conversion units from mass to gasoline gallon equivalents and from mass to diesel gallon equivalents. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Natural gas motor fuels shall be sold as follows: (A) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents; and (B) Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents or diesel gallon equivalents.
(A) Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents; and
(B) Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents or diesel gallon equivalents.
(2) The commissioner shall promulgate reasonable rules as are necessary to establish conversion units from mass to gasoline gallon equivalents and from mass to diesel gallon equivalents. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2015 Tenn. Acts, ch. 308,s 1, eff. 7/1/2015.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-4-102 — TN Code / Title 47 / Chapter 4 / Section 47-4-102
Applicability
Status: in_force

(a) To the extent that items within this chapter are also within chapters 3 and 8, they are subject to those chapters. If there is conflict, this chapter governs chapter 3, but chapter 8 governs this chapter. (b) The liability of a bank for action or non-action with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located. Acts 1963, ch. 81, § 1 (4-102); 1995, ch. 397, § 3.
(a) To the extent that items within this chapter are also within chapters 3 and 8, they are subject to those chapters. If there is conflict, this chapter governs chapter 3, but chapter 8 governs this chapter.
(b) The liability of a bank for action or non-action with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
Acts 1963, ch. 81, § 1 (4-102); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-26-811 — TN Code / Title 47 / Chapter 26 / Section 47-26-811
Inspection of weighing devices
Status: in_force

The producer or supplier shall cause to be inspected, at intervals of not more than six (6) months, each weighing device used by producers and suppliers for the weighing of natural resource products as defined in this part. The inspection of the scales shall be performed by a certified scale technician of a licensed scale company, or by an employee of the Tennessee department of agriculture or department of transportation, whose duty it is to check scales. Acts 1981, ch. 389, § 12; T.C.A., § 71-811.
The producer or supplier shall cause to be inspected, at intervals of not more than six (6) months, each weighing device used by producers and suppliers for the weighing of natural resource products as defined in this part. The inspection of the scales shall be performed by a certified scale technician of a licensed scale company, or by an employee of the Tennessee department of agriculture or department of transportation, whose duty it is to check scales.
Acts 1981, ch. 389, § 12; T.C.A., § 71-811.
Tenn. Code Ann. § 47-25-2001 — TN Code / Title 47 / Chapter 25 / Section 47-25-2001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Renewable Fuels Blending Act of 2009." Acts 2009, ch. 523, § 1.
This part shall be known and may be cited as the "Tennessee Renewable Fuels Blending Act of 2009."
Acts 2009, ch. 523, § 1.
Tenn. Code Ann. § 47-3-601 — TN Code / Title 47 / Chapter 3 / Section 47-3-601
Discharge and effect of discharge
Status: in_force

(a) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. (b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge. Acts 1995, ch. 397, § 2.
(a) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.
(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-406 — TN Code / Title 47 / Chapter 18 / Section 47-18-406
Civil penalties
Status: in_force

(a) If a person is found to be in violation of this part in a civil action, the court shall assess a civil penalty against the offending party in an amount up to two thousand five hundred dollars ($2,500). (b) If a person found to be in violation of this part in a civil action fails to comply with any permanent injunction, judgment, or court order compelling compliance with this part, the court shall assess a civil penalty against the offending party in an amount of no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000) for each day of noncompliance. (c) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney's fees. Acts 2014, ch. 595, § 1.
(a) If a person is found to be in violation of this part in a civil action, the court shall assess a civil penalty against the offending party in an amount up to two thousand five hundred dollars ($2,500).
(b) If a person found to be in violation of this part in a civil action fails to comply with any permanent injunction, judgment, or court order compelling compliance with this part, the court shall assess a civil penalty against the offending party in an amount of no less than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000) for each day of noncompliance.
(c) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney's fees.
Acts 2014, ch. 595, § 1.
Tenn. Code Ann. § 47-18-5539 — TN Code / Title 47 / Chapter 18 / Section 47-18-5539
Relation to Electronic Signatures in Global And National Commerce Act
Status: in_force

This part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in 15 U.S.C. § 7003(b) . Acts 2009, ch. 469, § 1.
This part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in 15 U.S.C. § 7003(b) .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-407 — TN Code / Title 47 / Chapter 25 / Section 47-25-407
Legal and equitable remedies unimpaired
Status: in_force

Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed. Acts 1933, ch. 113, § 7; C. Supp. 1950, § 6594.6 (Williams, § 6594.7); T.C.A. (orig. ed.), §§ 69-519, 47-25-419.
Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed.
Acts 1933, ch. 113, § 7; C. Supp. 1950, § 6594.6 (Williams, § 6594.7); T.C.A. (orig. ed.), §§ 69-519, 47-25-419.
Tenn. Code Ann. § 47-25-518 — TN Code / Title 47 / Chapter 25 / Section 47-25-518
Intent of act
Status: in_force

The intent of this part is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this part. Acts 2000, ch. 671, § 1.
The intent of this part is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this part.
Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-2a-208 — TN Code / Title 47 / Chapter 2a / Section 47-2a-208
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-208 - Modification, rescission and waiver
Status: in_force

(1) An agreement modifying a lease contract needs no consideration to be binding. (2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party. (3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver. (4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. Acts 1993, ch. 398, § 1.
(1) An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-3-309 — TN Code / Title 47 / Chapter 3 / Section 47-3-309
Enforcement of lost, destroyed, or stolen instrument
Status: in_force

(a) A person not in possession of an instrument is entitled to enforce the instrument if: (1) The person seeking to enforce the instrument: (A) Was entitled to enforce the instrument when loss of possession occurred; or (B) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred; (2) The loss of possession was not the result of a transfer by the person or a lawful seizure; or (3) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amendable to service of process. (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, § 47-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means. Acts 1995, ch. 397, § 2; 2003, ch. 62, § 23.
(a) A person not in possession of an instrument is entitled to enforce the instrument if: (1) The person seeking to enforce the instrument: (A) Was entitled to enforce the instrument when loss of possession occurred; or (B) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred; (2) The loss of possession was not the result of a transfer by the person or a lawful seizure; or (3) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amendable to service of process.
(1) The person seeking to enforce the instrument: (A) Was entitled to enforce the instrument when loss of possession occurred; or (B) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(A) Was entitled to enforce the instrument when loss of possession occurred; or
(B) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(2) The loss of possession was not the result of a transfer by the person or a lawful seizure; or
(3) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amendable to service of process.
(b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, § 47-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
Acts 1995, ch. 397, § 2; 2003, ch. 62, § 23.
Tenn. Code Ann. § 47-2-506 — TN Code / Title 47 / Chapter 2 / Section 47-2-506
Rights of financing agency
Status: in_force

(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer. (2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular. Acts 1963, ch. 81, § 1 (2-506); Acts 2008, ch. 814, § 11.
(1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer.
(2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.
Acts 1963, ch. 81, § 1 (2-506); Acts 2008, ch. 814, § 11.
Tenn. Code Ann. § 47-2a-512 — TN Code / Title 47 / Chapter 2a / Section 47-2a-512
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) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-512 - Lessee's duties as to rightfully rejected goods
Status: in_force

(1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (§ 47-2A-511 ) and subject to any security interest of a lessee (§ 47-2A-508(5) ): (a) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection; (b) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in § 47-2A-511 ; but (c) the lessee has no further obligations with regard to goods rightfully rejected. (2) Action by the lessee pursuant to subsection (1) is not acceptance or conversion. Acts 1993, ch. 398, § 1.
(1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (§ 47-2A-511 ) and subject to any security interest of a lessee (§ 47-2A-508(5) ): (a) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection; (b) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in § 47-2A-511 ; but (c) the lessee has no further obligations with regard to goods rightfully rejected.
(a) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection;
(b) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in § 47-2A-511 ; but
(c) the lessee has no further obligations with regard to goods rightfully rejected.
(2) Action by the lessee pursuant to subsection (1) is not acceptance or conversion.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-9-803 — TN Code / Title 47 / Chapter 9 / Section 47-9-803
Security interest perfected before effective date
Status: in_force

(a) Continuing perfection: perfection requirements satisfied. A security interest that is a perfected security interest immediately before this act takes effect is a perfected security interest under this chapter as amended by this act if, when this act takes effect, the applicable requirements for attachment and perfection under this chapter as amended by this act are satisfied without further action. (b) Continuing perfection: perfection requirements not satisfied. Except as otherwise provided in § 47-9-805 , if, immediately before this act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under this chapter as amended by this act are not satisfied when this act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under this chapter as amended by this act are satisfied within one (1) year after this act takes effect. Acts 2012, ch. 708, § 20.
(a) Continuing perfection: perfection requirements satisfied. A security interest that is a perfected security interest immediately before this act takes effect is a perfected security interest under this chapter as amended by this act if, when this act takes effect, the applicable requirements for attachment and perfection under this chapter as amended by this act are satisfied without further action.
(b) Continuing perfection: perfection requirements not satisfied. Except as otherwise provided in § 47-9-805 , if, immediately before this act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under this chapter as amended by this act are not satisfied when this act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under this chapter as amended by this act are satisfied within one (1) year after this act takes effect.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-18-605 — TN Code / Title 47 / Chapter 18 / Section 47-18-605
Form of disclosures
Status: in_force

(a) The lessor shall disclose to the consumer the information required by this part. In a transaction involving more than one (1) consumer, a lessor need disclose only to one (1) of the consumers who is primarily obligated. In a transaction involving more than one (1) lessor, only one (1) lessor need make the required disclosures. (b) The disclosures required under this part shall be made no later than the time that the lessor delivers the merchandise to the consumer, or upon consummation of the rental-purchase agreement, whichever is earlier. (c) (1) The disclosures shall be made using words and phrases of common meaning, in a form that the consumer may keep. (2) The disclosures required under § 47-18-604 may be made a part of the rental-purchase agreement or provided on a separate form. (3) The required disclosures shall be set forth clearly and conspicuously. The disclosures shall be placed all together, on the front side of the rental-purchase agreement or on a separate form. The form setting forth the required disclosures must contain spaces for the consumer's signature and the date appearing immediately below the disclosures. The requirements of this section shall not have been complied with unless the consumer signs the statement and receives, at the time disclosures are made, a legible copy of the signed statement. The inclusion in the required disclosures of a statement that the consumer received a legible copy of those disclosures shall create a rebuttable presumption of receipt thereof. (d) Information required to be disclosed may be given in the form of estimates and shall be identified as such when the lessor does not know the exact information. (e) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosures, the resulting inaccuracy is not a violation of this part. (f) At the lessor's option, information in addition to that required by § 47-18-604 may be disclosed if the additional information is not stated, utilized, or placed in a manner which will contradict, obscure, or distract attention from the required information. Acts 1987, ch. 225, § 6.
(a) The lessor shall disclose to the consumer the information required by this part. In a transaction involving more than one (1) consumer, a lessor need disclose only to one (1) of the consumers who is primarily obligated. In a transaction involving more than one (1) lessor, only one (1) lessor need make the required disclosures.
(b) The disclosures required under this part shall be made no later than the time that the lessor delivers the merchandise to the consumer, or upon consummation of the rental-purchase agreement, whichever is earlier.
(c) (1) The disclosures shall be made using words and phrases of common meaning, in a form that the consumer may keep. (2) The disclosures required under § 47-18-604 may be made a part of the rental-purchase agreement or provided on a separate form. (3) The required disclosures shall be set forth clearly and conspicuously. The disclosures shall be placed all together, on the front side of the rental-purchase agreement or on a separate form. The form setting forth the required disclosures must contain spaces for the consumer's signature and the date appearing immediately below the disclosures. The requirements of this section shall not have been complied with unless the consumer signs the statement and receives, at the time disclosures are made, a legible copy of the signed statement. The inclusion in the required disclosures of a statement that the consumer received a legible copy of those disclosures shall create a rebuttable presumption of receipt thereof.
(1) The disclosures shall be made using words and phrases of common meaning, in a form that the consumer may keep.
(2) The disclosures required under § 47-18-604 may be made a part of the rental-purchase agreement or provided on a separate form.
(3) The required disclosures shall be set forth clearly and conspicuously. The disclosures shall be placed all together, on the front side of the rental-purchase agreement or on a separate form. The form setting forth the required disclosures must contain spaces for the consumer's signature and the date appearing immediately below the disclosures. The requirements of this section shall not have been complied with unless the consumer signs the statement and receives, at the time disclosures are made, a legible copy of the signed statement. The inclusion in the required disclosures of a statement that the consumer received a legible copy of those disclosures shall create a rebuttable presumption of receipt thereof.
(d) Information required to be disclosed may be given in the form of estimates and shall be identified as such when the lessor does not know the exact information.
(e) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosures, the resulting inaccuracy is not a violation of this part.
(f) At the lessor's option, information in addition to that required by § 47-18-604 may be disclosed if the additional information is not stated, utilized, or placed in a manner which will contradict, obscure, or distract attention from the required information.
Acts 1987, ch. 225, § 6.
Tenn. Code Ann. § 47-10-113 — TN Code / Title 47 / Chapter 10 / Section 47-10-113
Admissibility in evidence
Status: in_force

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. Acts 2001, ch. 72, § 13.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Acts 2001, ch. 72, § 13.
Tenn. Code Ann. § 47-2a-209 — TN Code / Title 47 / Chapter 2a / Section 47-2a-209
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-209 - Lessee under finance lease as beneficiary of supply contract
Status: in_force

(1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom. (2) The extension of the benefit of a supplier's promises and of warranties to the lessee (subsection (1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee. (3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission. (4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1), the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law. Acts 1993, ch. 398, § 1.
(1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier's promises and of warranties to the lessee (subsection (1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee.
(i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or
(ii) impose any duty or liability under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1), the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-1301 — TN Code / Title 47 / Chapter 18 / Section 47-18-1301
Short title
Status: in_force

This part shall be known and may be cited as the "Kerosene and Motor Fuels Quality Inspection Act of 1989." Acts 1989, ch. 397, § 1.
This part shall be known and may be cited as the "Kerosene and Motor Fuels Quality Inspection Act of 1989."
Acts 1989, ch. 397, § 1.
Tenn. Code Ann. § 47-25-109 — TN Code / Title 47 / Chapter 25 / Section 47-25-109
Giving away or underpricing goods prohibited - Samples excepted
Status: in_force

(a) It is unlawful for any person engaged in the business of manufacturing in this or any other state to give away or sell for a less price than the cost of manufacture, any manufactured article in this state, with the intent and purpose of destroying honest competition; provided, that nothing in this section shall be construed to prohibit the distribution to consumers of specimens of proprietary articles in good faith as samples. (b) Any person violating this section commits a Class C misdemeanor. Acts 1907, ch. 36, §§ 1, 2; 1907, ch. 360, § 1; Shan., §§ 3191a3, 3191a4; Code 1932, §§ 5889, 5890; T.C.A. (orig. ed.), §§ 69-109, 69-110, 47-25-110; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person engaged in the business of manufacturing in this or any other state to give away or sell for a less price than the cost of manufacture, any manufactured article in this state, with the intent and purpose of destroying honest competition; provided, that nothing in this section shall be construed to prohibit the distribution to consumers of specimens of proprietary articles in good faith as samples.
(b) Any person violating this section commits a Class C misdemeanor.
Acts 1907, ch. 36, §§ 1, 2; 1907, ch. 360, § 1; Shan., §§ 3191a3, 3191a4; Code 1932, §§ 5889, 5890; T.C.A. (orig. ed.), §§ 69-109, 69-110, 47-25-110; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-7-502 — TN Code / Title 47 / Chapter 7 / Section 47-7-502
Rights acquired by due negotiation
Status: in_force

(a) Subject to §§ 47-7-205 and 47-7-503 , a holder to which a negotiable document of title has been duly negotiated acquires thereby: (1) Title to the document; (2) Title to the goods; (3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and (4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this chapter, but in the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee. (b) Subject to § 47-7-503 , title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if: (1) The due negotiation or any prior due negotiation constituted a breach of duty; (2) Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or (3) A previous sale or other transfer of the goods or document has been made to a third person. Acts 2008, ch. 814, § 1.
(a) Subject to §§ 47-7-205 and 47-7-503 , a holder to which a negotiable document of title has been duly negotiated acquires thereby: (1) Title to the document; (2) Title to the goods; (3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and (4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this chapter, but in the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee.
(1) Title to the document;
(2) Title to the goods;
(3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and
(4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this chapter, but in the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee.
(b) Subject to § 47-7-503 , title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if: (1) The due negotiation or any prior due negotiation constituted a breach of duty; (2) Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or (3) A previous sale or other transfer of the goods or document has been made to a third person.
(1) The due negotiation or any prior due negotiation constituted a breach of duty;
(2) Any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or
(3) A previous sale or other transfer of the goods or document has been made to a third person.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-310 — TN Code / Title 47 / Chapter 18 / Section 47-18-310
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 8, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339, s 16, eff. 7/1/2015. Acts 1989, ch. 460, § 3.
Repealed by 2016 Tenn. Acts, ch. 858, s 8, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339, s 16, eff. 7/1/2015.
Acts 1989, ch. 460, § 3.
Tenn. Code Ann. § 47-18-1201 — TN Code / Title 47 / Chapter 18 / Section 47-18-1201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Contaminant" or "contamination" means any health-related physical, chemical, biological, or radiological substance or matter in water; (2) "Person" means any individual, partnership, firm, corporation or association, or any employee or agent thereof; and (3) "Water treatment device" means any product that: (A) Is designed to alter the chemical or physical properties or characteristics of drinking water or plumbing, or which the seller, lessor or renter claims can alter the chemical or physical properties or characteristics of drinking water or plumbing; and (B) Is used or sold, leased or rented for use on residential property. Acts 1989, ch. 367, § 1.
As used in this part, unless the context otherwise requires:
(1) "Contaminant" or "contamination" means any health-related physical, chemical, biological, or radiological substance or matter in water;
(2) "Person" means any individual, partnership, firm, corporation or association, or any employee or agent thereof; and
(3) "Water treatment device" means any product that: (A) Is designed to alter the chemical or physical properties or characteristics of drinking water or plumbing, or which the seller, lessor or renter claims can alter the chemical or physical properties or characteristics of drinking water or plumbing; and (B) Is used or sold, leased or rented for use on residential property.
(A) Is designed to alter the chemical or physical properties or characteristics of drinking water or plumbing, or which the seller, lessor or renter claims can alter the chemical or physical properties or characteristics of drinking water or plumbing; and
(B) Is used or sold, leased or rented for use on residential property.
Acts 1989, ch. 367, § 1.
Tenn. Code Ann. § 47-1-304 — TN Code / Title 47 / Chapter 1 / Section 47-1-304
Obligation of good faith
Status: in_force

Every contract or duty within chapters 1-9 of this title imposes an obligation of good faith in its performance and enforcement. Acts 2008, ch. 930, § 1.
Every contract or duty within chapters 1-9 of this title imposes an obligation of good faith in its performance and enforcement.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-4905 — TN Code / Title 47 / Chapter 18 / Section 47-18-4905
Prohibited disclosures - Consumer's written consent required
Status: in_force

A direct-to-consumer genetic testing company shall not disclose a consumer's genetic data without first obtaining the consumer's written consent to: (1) An entity that offers health insurance, life insurance, or long-term care insurance; or (2) An employer of the consumer. Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
A direct-to-consumer genetic testing company shall not disclose a consumer's genetic data without first obtaining the consumer's written consent to:
(1) An entity that offers health insurance, life insurance, or long-term care insurance; or
(2) An employer of the consumer.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-2-706 — TN Code / Title 47 / Chapter 2 / Section 47-2-706
Seller's resale including contract for resale
Status: in_force

(1) Under the conditions stated in § 47-2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this chapter (§ 47-2-710 ), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach. (3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell. (4) Where the resale is at public sale: (a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and (b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and (c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and (d) the seller may buy. (5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one (1) or more of the requirements of this section. (6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 47-2-707 ) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (§ 47-2-711(3) ). Acts 1963, ch. 81, § 1 (2-706).
(1) Under the conditions stated in § 47-2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this chapter (§ 47-2-710 ), but less expenses saved in consequence of the buyer's breach.
(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.
(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.
(4) Where the resale is at public sale: (a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and (b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and (c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and (d) the seller may buy.
(a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and
(b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and
(c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and
(d) the seller may buy.
(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one (1) or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (§ 47-2-707 ) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (§ 47-2-711(3) ).
Acts 1963, ch. 81, § 1 (2-706).
Tenn. Code Ann. § 47-25-1004 — TN Code / Title 47 / Chapter 25 / Section 47-25-1004
Effect of consignment
Status: in_force

A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee; (2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee; (3) The consignee shall be responsible for the loss of, or damage to, the work of art; and (4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing. Acts 1984, ch. 838, § 4.
A consignment of a work of art shall result in all of the following:
(1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee;
(2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee;
(3) The consignee shall be responsible for the loss of, or damage to, the work of art; and
(4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
Acts 1984, ch. 838, § 4.
Tenn. Code Ann. § 47-2-725 — TN Code / Title 47 / Chapter 2 / Section 47-2-725
Statute of limitations in contracts for sale
Status: in_force

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) When an action is commenced within the time limited by subsection (1), but the judgment or decree is rendered against the plaintiff upon any ground not concluding his right of action, or when the judgment or decree is rendered in favor of plaintiff, and is arrested or reversed on appeal, the plaintiff or his representatives or privies as the case may be, may, from time to time, commence a new action within one (1) year after the judgment, reversal or arrest. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before midnight (12:00 midnight) June 30, 1964. (5) A counterclaim or third-party complaint is not barred by the statute of limitations provided by this section if it was not barred at the time the claims asserted in the complaint were interposed. If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third-party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third-party complaint is filed as a civil action as permitted by this subsection and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third-party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105 . Any counterclaim, cross-claim or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105 , shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court. Acts 1963, ch. 81, § 1 (2-725); 1978, ch. 758, § 2; 1984, ch. 520, §§ 3, 5; 1985, ch. 344, § 3.
(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
(3) When an action is commenced within the time limited by subsection (1), but the judgment or decree is rendered against the plaintiff upon any ground not concluding his right of action, or when the judgment or decree is rendered in favor of plaintiff, and is arrested or reversed on appeal, the plaintiff or his representatives or privies as the case may be, may, from time to time, commence a new action within one (1) year after the judgment, reversal or arrest.
(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before midnight (12:00 midnight) June 30, 1964.
(5) A counterclaim or third-party complaint is not barred by the statute of limitations provided by this section if it was not barred at the time the claims asserted in the complaint were interposed. If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third-party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third-party complaint is filed as a civil action as permitted by this subsection and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third-party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105 . Any counterclaim, cross-claim or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105 , shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court.
Acts 1963, ch. 81, § 1 (2-725); 1978, ch. 758, § 2; 1984, ch. 520, §§ 3, 5; 1985, ch. 344, § 3.
Tenn. Code Ann. § 47-7-302 — TN Code / Title 47 / Chapter 7 / Section 47-7-302
Through bills of lading and similar documents of title
Status: in_force

(a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or other document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties. (b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer. (c) The issuer of a through bill of lading or other document of title described in subsection (a) is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred: (1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and (2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach. Acts 2008, ch. 814, § 1.
(a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or other document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties.
(b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer.
(c) The issuer of a through bill of lading or other document of title described in subsection (a) is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred: (1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and (2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach.
(1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and
(2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-602 — TN Code / Title 47 / Chapter 18 / Section 47-18-602
Legislative findings and purpose
Status: in_force

The general assembly finds that a significant number of consumers have sought to acquire ownership of personal property through rental-purchase agreements. Often, these rental-purchase agreements have been offered without adequate cost disclosures. It is the purpose of this part to assure meaningful disclosure of the terms of rental-purchase agreements, to make consumers aware of the total cost attendant with such agreements, to inform the consumer when ownership will transfer, and to assure accurate disclosures of rental-purchase terms in advertising. Acts 1987, ch. 225, § 3.
The general assembly finds that a significant number of consumers have sought to acquire ownership of personal property through rental-purchase agreements. Often, these rental-purchase agreements have been offered without adequate cost disclosures. It is the purpose of this part to assure meaningful disclosure of the terms of rental-purchase agreements, to make consumers aware of the total cost attendant with such agreements, to inform the consumer when ownership will transfer, and to assure accurate disclosures of rental-purchase terms in advertising.
Acts 1987, ch. 225, § 3.
Tenn. Code Ann. § 47-25-2005 — TN Code / Title 47 / Chapter 25 / Section 47-25-2005
Complaints - Fines for noncompliance - Enforcement
Status: in_force

(a) Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of the willful violation. The fines shall be used to pay for the cost of investigation, hearing and other related administrative costs. The remainder of the funds shall be used to fund grants designated by the commissioner of agriculture for the promotion of biofuel research, technology or agricultural development, biofuel production facilities or retail infrastructure and installation for biofuel distribution. (b) Upon receiving a complaint and initiating an investigation, the commissioner or the commissioner's agent, presenting appropriate credentials, is authorized to enter the place of business of any refiner, supplier or permissive supplier in this state during normal business hours to examine, and obtain samples of, such records as may be necessary to determine compliance with this part. Refiners, suppliers and permissive suppliers in this state shall hold the records open for inspection by all officers or inspectors charged with the enforcement of this part, and shall preserve and retain the records for a period of at least one (1) year. If the owner of any refiner, supplier or permissive supplier, or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with this section, the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection. (c) A refinery, supplier, or permissive supplier who is aggrieved by a proposed departmental order to enforce provisions of this part shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2009, ch. 523, § 1.
(a) Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of the willful violation. The fines shall be used to pay for the cost of investigation, hearing and other related administrative costs. The remainder of the funds shall be used to fund grants designated by the commissioner of agriculture for the promotion of biofuel research, technology or agricultural development, biofuel production facilities or retail infrastructure and installation for biofuel distribution.
(b) Upon receiving a complaint and initiating an investigation, the commissioner or the commissioner's agent, presenting appropriate credentials, is authorized to enter the place of business of any refiner, supplier or permissive supplier in this state during normal business hours to examine, and obtain samples of, such records as may be necessary to determine compliance with this part. Refiners, suppliers and permissive suppliers in this state shall hold the records open for inspection by all officers or inspectors charged with the enforcement of this part, and shall preserve and retain the records for a period of at least one (1) year. If the owner of any refiner, supplier or permissive supplier, or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with this section, the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection.
(c) A refinery, supplier, or permissive supplier who is aggrieved by a proposed departmental order to enforce provisions of this part shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2009, ch. 523, § 1.
Tenn. Code Ann. § 47-4-303 — TN Code / Title 47 / Chapter 4 / Section 47-4-303
When items subject to notice, stop-payment order, legal process, or setoff - Order in which items may be charged or certified
Status: in_force

(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following: (1) the bank accepts or certifies the item; (2) the bank pays the item in cash; (3) the bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; (4) the bank becomes accountable for the amount of the item under § 47-4-302 dealing with the payor bank's responsibility for late return of items; or (5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check. (b) Subject to subsection (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order. Acts 1963, ch. 81, § 1 (4-303); 1995, ch. 397, § 3.
(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following: (1) the bank accepts or certifies the item; (2) the bank pays the item in cash; (3) the bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; (4) the bank becomes accountable for the amount of the item under § 47-4-302 dealing with the payor bank's responsibility for late return of items; or (5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(1) the bank accepts or certifies the item;
(2) the bank pays the item in cash;
(3) the bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;
(4) the bank becomes accountable for the amount of the item under § 47-4-302 dealing with the payor bank's responsibility for late return of items; or
(5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to subsection (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.
Acts 1963, ch. 81, § 1 (4-303); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-308 — TN Code / Title 47 / Chapter 18 / Section 47-18-308
Applicability of provisions
Status: in_force

Chapter 460 of the Public Acts of 1989 does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before January 1, 1990. Acts 1986, ch, 894, § 6; 1989, ch. 460, § 16.
Chapter 460 of the Public Acts of 1989 does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before January 1, 1990.
Acts 1986, ch, 894, § 6; 1989, ch. 460, § 16.
Tenn. Code Ann. § 47-8-104 — TN Code / Title 47 / Chapter 8 / Section 47-8-104
Acquisition of security or financial asset or interest therein
Status: in_force

(a) A person acquires a security or an interest therein, under this chapter, if: (1) the person is a purchaser to whom a security is delivered pursuant to § 47-8-301 ; or (2) the person acquires a security entitlement to the security pursuant to § 47-8-501 . (b) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset. (c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in § 47-8-503 . (d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender, exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (a) or (b). Acts 1997, ch. 79, § 1.
(a) A person acquires a security or an interest therein, under this chapter, if: (1) the person is a purchaser to whom a security is delivered pursuant to § 47-8-301 ; or (2) the person acquires a security entitlement to the security pursuant to § 47-8-501 .
(1) the person is a purchaser to whom a security is delivered pursuant to § 47-8-301 ; or
(2) the person acquires a security entitlement to the security pursuant to § 47-8-501 .
(b) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset.
(c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in § 47-8-503 .
(d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender, exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (a) or (b).
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-7-309 — TN Code / Title 47 / Chapter 7 / Section 47-7-309
Duty of care - Contractual limitation of carrier's liability
Status: in_force

(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection (a) does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier's liability may not exceed a value stated in the bill or transportation agreement if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not effective with respect to the carrier's liability for conversion to its own use. (c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement. Acts 2008, ch. 814, § 1.
(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection (a) does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.
(b) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier's liability may not exceed a value stated in the bill or transportation agreement if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not effective with respect to the carrier's liability for conversion to its own use.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-10-120 — TN Code / Title 47 / Chapter 10 / Section 47-10-120
Interoperability
Status: in_force

The information systems council may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states, and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. Any deviation from the standards established by the information systems council by a local governmental public official, including, but not limited to, officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , shall be subject to the approval of the comptroller of the treasury. Acts 2001, ch. 72, § 20.
The information systems council may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states, and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application. Any deviation from the standards established by the information systems council by a local governmental public official, including, but not limited to, officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , shall be subject to the approval of the comptroller of the treasury.
Acts 2001, ch. 72, § 20.
Tenn. Code Ann. § 47-4-108 — TN Code / Title 47 / Chapter 4 / Section 47-4-108
Time of receipt of items
Status: in_force

(a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two o'clock (2:00) p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books. (b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day. Acts 1963, ch. 81, § 1 (4-107); T.C.A. § 47-4-107 ; Acts 1995, ch. 397, § 3.
(a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two o'clock (2:00) p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.
(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
Acts 1963, ch. 81, § 1 (4-107); T.C.A. § 47-4-107 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-9-801 — TN Code / Title 47 / Chapter 9 / Section 47-9-801
Effective date
Status: in_force

This act takes effect on July 1, 2013. References in this part to "this act" refer to the public chapter by which this act is added to this title. References in this part to "this chapter as it existed before amendment" or to an "unamended" provision, or other similar references, are to this chapter as in effect June 30, 2013. Acts 2012, ch. 708, § 20.
This act takes effect on July 1, 2013. References in this part to "this act" refer to the public chapter by which this act is added to this title. References in this part to "this chapter as it existed before amendment" or to an "unamended" provision, or other similar references, are to this chapter as in effect June 30, 2013.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-18-2802 — TN Code / Title 47 / Chapter 18 / Section 47-18-2802
Prohibited acts during medical emergency - Defenses
Status: in_force

(a) Upon the proclamation of a medical emergency by the commissioner of health and continuing until such emergency is terminated, it is unlawful, for any person, including, but not limited to, a distributor, supplier, hospital, clinic, pharmacy or other health care provider, to charge any other person a price for a vaccine or inoculation that is grossly in excess of the price generally charged for the same or similar vaccine or inoculation in the usual course of business in the year prior to the year of the proclaimed medical emergency. (b) It is an affirmative defense to prosecution under this part, which must be proven by a preponderance of the evidence, that such price increase was directly attributable to: (1) Additional costs for labor or materials used to produce or provide the vaccine or inoculation; or (2) Additional costs imposed on a hospital, clinic, pharmacy or other health care provider by a manufacturer, distributor or supplier of the vaccine. (c) A medical emergency shall be terminated by proclamation of the commissioner of health when, in the discretion of the commissioner, the medical emergency has ended. Acts 2005, ch. 164, § 1.
(a) Upon the proclamation of a medical emergency by the commissioner of health and continuing until such emergency is terminated, it is unlawful, for any person, including, but not limited to, a distributor, supplier, hospital, clinic, pharmacy or other health care provider, to charge any other person a price for a vaccine or inoculation that is grossly in excess of the price generally charged for the same or similar vaccine or inoculation in the usual course of business in the year prior to the year of the proclaimed medical emergency.
(b) It is an affirmative defense to prosecution under this part, which must be proven by a preponderance of the evidence, that such price increase was directly attributable to: (1) Additional costs for labor or materials used to produce or provide the vaccine or inoculation; or (2) Additional costs imposed on a hospital, clinic, pharmacy or other health care provider by a manufacturer, distributor or supplier of the vaccine.
(1) Additional costs for labor or materials used to produce or provide the vaccine or inoculation; or
(2) Additional costs imposed on a hospital, clinic, pharmacy or other health care provider by a manufacturer, distributor or supplier of the vaccine.
(c) A medical emergency shall be terminated by proclamation of the commissioner of health when, in the discretion of the commissioner, the medical emergency has ended.
Acts 2005, ch. 164, § 1.
Tenn. Code Ann. § 47-2a-507 — TN Code / Title 47 / Chapter 2a / Section 47-2a-507
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) A. IN GENERAL (§§ 47-2A-501 — 47-2A-507) Section 47-2A-507 - Proof of market rent - Time and place
Status: in_force

(1) Damages based on market rent (§ 47-2A-519 or § 47-2A-528 ) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in §§ 47-2A-519 and 47-2A-528 . (2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place. (3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party notice the court finds sufficient to prevent unfair surprise. (4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) Damages based on market rent (§ 47-2A-519 or § 47-2A-528 ) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in §§ 47-2A-519 and 47-2A-528 .
(2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-3-417 — TN Code / Title 47 / Chapter 3 / Section 47-3-417
Presentment warranties
Status: in_force

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized; and (4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn. (b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection (b) is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection (b). (c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 47-3-404 or § 47-3-405 or the drawer is precluded under § 47-3-406 or § 47-4-406 from asserting against the drawee the unauthorized endorsement or alteration. (d) If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply: (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument. (2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. (e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. (g) A warrantor does not make the warranty under subdivision (a)(4) to a drawee who would not under then-applicable law make the same or a substantially identical warranty to the warrantor with respect to a payee-initiated demand draft drawn on the warrantor and presented or transferred by the drawee. Acts 1995, ch. 397, § 2; 2003, ch. 62, §§ 11 - 14.
(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized; and (4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn.
(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
(2) The draft has not been altered;
(3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized; and
(4) If the instrument is a payee-initiated demand draft, the creation of the draft according to the terms on its face was authorized by the person on whose account the instrument is drawn.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection (b) is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection (b).
(c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under § 47-3-404 or § 47-3-405 or the drawer is precluded under § 47-3-406 or § 47-4-406 from asserting against the drawee the unauthorized endorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the drawer or an endorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument, and (iii) payment is received, the following rules apply: (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument. (2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument.
(2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(g) A warrantor does not make the warranty under subdivision (a)(4) to a drawee who would not under then-applicable law make the same or a substantially identical warranty to the warrantor with respect to a payee-initiated demand draft drawn on the warrantor and presented or transferred by the drawee.
Acts 1995, ch. 397, § 2; 2003, ch. 62, §§ 11 - 14.
Tenn. Code Ann. § 47-2a-302 — TN Code / Title 47 / Chapter 2a / Section 47-2a-302
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 3 - EFFECT OF LEASE CONTRACT (§§ 47-2A-301 — 47-2A-311) Section 47-2A-302 - Title to and possession of goods
Status: in_force

Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent. Acts 1993, ch. 398, § 1.
Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-504 — TN Code / Title 47 / Chapter 18 / Section 47-18-504
Contracts - Nondelivery of goods - Savings claims
Status: in_force

(a) Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick up by the member at the location where the order was placed within six (6) weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time the member ordered such goods, and the goods are delivered to the member or available for pick up by that date. Every contract must disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case. (b) Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area in which the claims are made if the same or comparable items are offered for sale in the trade area and with prices at which the merchandise is actually sold or offered for sale. (c) Any contract which does not comply with subsections (a) and (b) shall be void and unenforceable. Acts 1986, ch. 863, § 1.
(a) Every contract shall provide that if any goods, except furniture or custom manufactured goods, ordered by the member from the buying club, are not delivered to the member or available for pick up by the member at the location where the order was placed within six (6) weeks from the date the member placed an order for such goods, then any payment by the member for such goods in advance of delivery shall, upon the member's request, be fully refunded, unless a predetermined delivery date has been furnished to the member in writing at the time the member ordered such goods, and the goods are delivered to the member or available for pick up by that date. Every contract must disclose that delivery dates for furniture or custom manufactured goods cannot be predicted, if such is the case.
(b) Every contract shall provide that all savings claims made by the buying club are based on price comparisons with retailers doing business in the trade area in which the claims are made if the same or comparable items are offered for sale in the trade area and with prices at which the merchandise is actually sold or offered for sale.
(c) Any contract which does not comply with subsections (a) and (b) shall be void and unenforceable.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-25-1219 — TN Code / Title 47 / Chapter 25 / Section 47-25-1219
Record retention
Status: in_force

Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three (3) years after expiration of the term of each such contract. Acts 1977, ch. 436, § 23; T.C.A., § 47-20-119.
Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three (3) years after expiration of the term of each such contract.
Acts 1977, ch. 436, § 23; T.C.A., § 47-20-119.
Tenn. Code Ann. § 47-2a-401 — TN Code / Title 47 / Chapter 2a / Section 47-2a-401
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 4 - PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED (§§ 47-2A-401 — 47-2A-407) Section 47-2A-401 - Insecurity - Adequate assurance of performance
Status: in_force

(1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return. (3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed thirty (30) days after receipt of a demand by the other party. (4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards. (5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed thirty (30) days after receipt of a demand by the other party.
(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-25-404 — TN Code / Title 47 / Chapter 25 / Section 47-25-404
Prosecution - Fees of officers
Status: in_force

It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurement of evidence for the support of the prosecution, which may be instituted by the prosecuting attorney, and for such services the sheriff or other officer shall be allowed and paid the same fees for travel and sustenance as are usually allowed in other criminal proceedings. Acts 1933, ch. 113, § 4; C. Supp. 1950, § 6594.4; T.C.A. (orig. ed.), §§ 69-516, 47-25-416.
It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurement of evidence for the support of the prosecution, which may be instituted by the prosecuting attorney, and for such services the sheriff or other officer shall be allowed and paid the same fees for travel and sustenance as are usually allowed in other criminal proceedings.
Acts 1933, ch. 113, § 4; C. Supp. 1950, § 6594.4; T.C.A. (orig. ed.), §§ 69-516, 47-25-416.
Tenn. Code Ann. § 47-18-1507 — TN Code / Title 47 / Chapter 18 / Section 47-18-1507
Permissible use of ADAD equipment
Status: in_force

Nothing in this part shall prohibit the use of ADAD equipment to make calls with recorded messages when such calls: (1) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed; (2) Concern goods or services that have been previously ordered or purchased; (3) Relate to collection of lawful debts; or (4) Are made by a public school, kindergarten through grade twelve (K-12), as part of a program to regulate and control absenteeism of students. Acts 1990, ch. 874, § 7.
Nothing in this part shall prohibit the use of ADAD equipment to make calls with recorded messages when such calls:
(1) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed;
(2) Concern goods or services that have been previously ordered or purchased;
(3) Relate to collection of lawful debts; or
(4) Are made by a public school, kindergarten through grade twelve (K-12), as part of a program to regulate and control absenteeism of students.
Acts 1990, ch. 874, § 7.
Tenn. Code Ann. § 47-9-506 — TN Code / Title 47 / Chapter 9 / Section 47-9-506
Effect of errors or omissions
Status: in_force

(a) Minor errors and omissions. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (b) Financing statement seriously misleading. Except as otherwise provided in subsection (c), a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 47-9-503(a) is seriously misleading. (c) Financing statement not seriously misleading. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 47-9-503(a) , the name provided does not make the financing statement seriously misleading. (d) "Debtor's correct name". For purposes of § 47-9-508(b) , the "debtor's correct name" in subsection (c) means the correct name of the new debtor. Acts 2000, ch. 846, § 1.
(a) Minor errors and omissions. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
(b) Financing statement seriously misleading. Except as otherwise provided in subsection (c), a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 47-9-503(a) is seriously misleading.
(c) Financing statement not seriously misleading. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with § 47-9-503(a) , the name provided does not make the financing statement seriously misleading.
(d) "Debtor's correct name". For purposes of § 47-9-508(b) , the "debtor's correct name" in subsection (c) means the correct name of the new debtor.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-26-809 — TN Code / Title 47 / Chapter 26 / Section 47-26-809
Display of license - Duties of weigher
Status: in_force

(a) The certified public weigher's license shall be posted near the scale beam or indicator in full view at all times. (b) A certified public weigher shall be the only person allowed to operate the scale or weight recording equipment. (c) In case of batch weights, the certified weigher shall observe all measurements and count all batches to determine the total gross weight including vehicle. Acts 1981, ch. 389, § 10; T.C.A., § 71-809.
(a) The certified public weigher's license shall be posted near the scale beam or indicator in full view at all times.
(b) A certified public weigher shall be the only person allowed to operate the scale or weight recording equipment.
(c) In case of batch weights, the certified weigher shall observe all measurements and count all batches to determine the total gross weight including vehicle.
Acts 1981, ch. 389, § 10; T.C.A., § 71-809.
Tenn. Code Ann. § 47-2a-310 — TN Code / Title 47 / Chapter 2a / Section 47-2a-310
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 3 - EFFECT OF LEASE CONTRACT (§§ 47-2A-301 — 47-2A-311) Section 47-2A-310 - Lessor's and lessee's rights when goods become accessions
Status: in_force

(1) Goods are "accessions" when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4). (3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole. (4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of (a) a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or (b) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter, or (b) if necessary to enforce his or her other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) Goods are "accessions" when they are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).
(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of (a) a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or (b) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(a) a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
(b) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter, or (b) if necessary to enforce his or her other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-25-1906 — TN Code / Title 47 / Chapter 25 / Section 47-25-1906
Termination and repurchase - Price and associated costs
Status: in_force

(a) A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated: (1) The supplier shall repurchase, at one hundred percent (100%) of the current net price, all new, unsold, undamaged and complete motorcycles, off-road vehicles and attachments; (2) The supplier shall repurchase, at ninety percent (90%) of the current net price, all new, unused and undamaged and superseded repair parts; (3) The supplier shall repurchase, at ten percent (10%) of the current net price, all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services; (4) The supplier shall purchase, at its amortized value, any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past five (5) years; and (5) The supplier shall repurchase, at one hundred percent (100%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased more than six (6) years previous pursuant to the requirements of the supplier and held by the dealer on the date of termination. The specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. (b) Motorcycles, off-road vehicles and attachments used in demonstrations, including inventory leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that the inventory is in new condition and has not been abused. Acts 2007, ch. 188, § 7.
(a) A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated: (1) The supplier shall repurchase, at one hundred percent (100%) of the current net price, all new, unsold, undamaged and complete motorcycles, off-road vehicles and attachments; (2) The supplier shall repurchase, at ninety percent (90%) of the current net price, all new, unused and undamaged and superseded repair parts; (3) The supplier shall repurchase, at ten percent (10%) of the current net price, all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services; (4) The supplier shall purchase, at its amortized value, any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past five (5) years; and (5) The supplier shall repurchase, at one hundred percent (100%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased more than six (6) years previous pursuant to the requirements of the supplier and held by the dealer on the date of termination. The specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition.
(1) The supplier shall repurchase, at one hundred percent (100%) of the current net price, all new, unsold, undamaged and complete motorcycles, off-road vehicles and attachments;
(2) The supplier shall repurchase, at ninety percent (90%) of the current net price, all new, unused and undamaged and superseded repair parts;
(3) The supplier shall repurchase, at ten percent (10%) of the current net price, all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services;
(4) The supplier shall purchase, at its amortized value, any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past five (5) years; and
(5) The supplier shall repurchase, at one hundred percent (100%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased more than six (6) years previous pursuant to the requirements of the supplier and held by the dealer on the date of termination. The specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition.
(b) Motorcycles, off-road vehicles and attachments used in demonstrations, including inventory leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that the inventory is in new condition and has not been abused.
Acts 2007, ch. 188, § 7.
Tenn. Code Ann. § 47-4-216 — TN Code / Title 47 / Chapter 4 / Section 47-4-216
Insolvency and preference
Status: in_force

(a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank's customer. (b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank. (c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events. (d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank. Acts 1963, ch. 81, § 1 (4-214); T.C.A. § 47-4-214 ; Acts 1995, ch. 397, § 3.
(a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank's customer.
(b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.
(c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.
(d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.
Acts 1963, ch. 81, § 1 (4-214); T.C.A. § 47-4-214 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-1222 — TN Code / Title 47 / Chapter 25 / Section 47-25-1222
Violations - Penalties - Injunctions
Status: in_force

(a) Any invention developer who willfully violates any provision of this part, or willfully enters an invention development contract which omits any duty or disclosure required by this part, commits a Class C misdemeanor. (b) Any circuit or chancery court of this state has jurisdiction to restrain and enjoin the violation of any of the provisions of this part relating to invention development services and contracts for such services. (c) The duty to institute actions for violation of such provisions of this part, including proceedings to restrain and enjoin such violations, is hereby vested in the attorney general and reporter, district attorneys general, and city attorneys. The attorney general and reporter, any district attorney general, or any city attorney may prosecute misdemeanor actions or institute equity proceedings or both. (d) This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law. Acts 1977, ch. 436, § 18; T.C.A., § 47-20-122; Acts 1989, ch. 591, § 113.
(a) Any invention developer who willfully violates any provision of this part, or willfully enters an invention development contract which omits any duty or disclosure required by this part, commits a Class C misdemeanor.
(b) Any circuit or chancery court of this state has jurisdiction to restrain and enjoin the violation of any of the provisions of this part relating to invention development services and contracts for such services.
(c) The duty to institute actions for violation of such provisions of this part, including proceedings to restrain and enjoin such violations, is hereby vested in the attorney general and reporter, district attorneys general, and city attorneys. The attorney general and reporter, any district attorney general, or any city attorney may prosecute misdemeanor actions or institute equity proceedings or both.
(d) This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Acts 1977, ch. 436, § 18; T.C.A., § 47-20-122; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-9-505 — TN Code / Title 47 / Chapter 9 / Section 47-9-505
Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
Status: in_force

(a) Use of terms other than "debtor" and "secured party". A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in § 47-9-311(a) , using the terms "consignor", "consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee", "owner", "registered owner", "buyer", "seller", or words of similar import, instead of the terms "secured party" and "debtor". (b) Effect of financing statement under subsection (a). This part applies to the filing of a financing statement under subsection (a) and, as appropriate, to compliance that is equivalent to filing a financing statement under § 47-9-311(b) , but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance. Acts 2000, ch. 846, § 1.
(a) Use of terms other than "debtor" and "secured party". A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in § 47-9-311(a) , using the terms "consignor", "consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee", "owner", "registered owner", "buyer", "seller", or words of similar import, instead of the terms "secured party" and "debtor".
(b) Effect of financing statement under subsection (a). This part applies to the filing of a financing statement under subsection (a) and, as appropriate, to compliance that is equivalent to filing a financing statement under § 47-9-311(b) , but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-5301 — TN Code / Title 47 / Chapter 18 / Section 47-18-5301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Truth in Music Advertising Act." Acts 2007, ch. 277, § 1.
This part shall be known and may be cited as the "Tennessee Truth in Music Advertising Act."
Acts 2007, ch. 277, § 1.
Tenn. Code Ann. § 47-18-1903 — TN Code / Title 47 / Chapter 18 / Section 47-18-1903
Applicability to regulated utilities
Status: in_force

This part shall not apply to any device or service sold, leased, or offered for sale or lease by any telephone cooperative or by any public utility that is subject to the jurisdiction of, or to regulation by, the Tennessee public utility commission. Amended by 2017 Tenn. Acts, ch. 94,s 40, eff. 4/4/2017. Acts 1997, ch. 276, § 4.
This part shall not apply to any device or service sold, leased, or offered for sale or lease by any telephone cooperative or by any public utility that is subject to the jurisdiction of, or to regulation by, the Tennessee public utility commission.
Amended by 2017 Tenn. Acts, ch. 94,s 40, eff. 4/4/2017.
Acts 1997, ch. 276, § 4.
Tenn. Code Ann. § 47-5-105 — TN Code / Title 47 / Chapter 5 / Section 47-5-105
Consideration
Status: in_force

Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation. Acts 1998, ch. 675, § 1.
Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-25-511 — TN Code / Title 47 / Chapter 25 / Section 47-25-511
Fraudulent registration
Status: in_force

Any person who, for the person's own benefit, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under this part by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. Acts 1982, ch. 698, § 11; T.C.A., §§ 69-539, 47-25-431, 47-25-510; Acts 2000, ch. 671, § 1.
Any person who, for the person's own benefit, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under this part by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Acts 1982, ch. 698, § 11; T.C.A., §§ 69-539, 47-25-431, 47-25-510; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-2-107 — TN Code / Title 47 / Chapter 2 / Section 47-2-107
Goods to be severed from realty - Recording
Status: in_force

(1) A contract for the sale of minerals or the like including oil and gas or a structure or its materials to be removed from realty is a contract for the sale of goods within this chapter if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this chapter whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance. (3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale. Acts 1963, ch. 81, § 1 (2-107); 1985, ch. 404, § 3.
(1) A contract for the sale of minerals or the like including oil and gas or a structure or its materials to be removed from realty is a contract for the sale of goods within this chapter if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this chapter whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.
Acts 1963, ch. 81, § 1 (2-107); 1985, ch. 404, § 3.
Tenn. Code Ann. § 47-2a-219 — TN Code / Title 47 / Chapter 2a / Section 47-2a-219
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-219 - Risk of loss
Status: in_force

(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (2) Subject to the provisions of this chapter on the effect of default on risk of loss (§ 47-2A-220 ), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (a) If the lease contract requires or authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but (ii) if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery. (b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods. (c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery. Acts 1993, ch. 398, § 1.
(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(2) Subject to the provisions of this chapter on the effect of default on risk of loss (§ 47-2A-220 ), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (a) If the lease contract requires or authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but (ii) if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery. (b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods. (c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
(a) If the lease contract requires or authorizes the goods to be shipped by carrier (i) and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but (ii) if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(i) and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but
(ii) if it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods.
(c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-23-102 — TN Code / Title 47 / Chapter 23 / Section 47-23-102
Purchase of insurance by mortgagee
Status: in_force

(a) (1) When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender or creditor as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, creditor, or any person acting on that person's behalf, who receives and holds funds for the purpose of obtaining or renewing such insurance coverage, shall be required to purchase such coverage as instructed by the borrower or the borrower's agent, if such coverage is reasonably available, to the extent of the funds supplied, but in no event later than ten (10) days after expiration of the existing coverage. (2) The lender, mortgagee, assignee, creditor, or any person acting on that person's behalf shall have the right to select acceptable insurance companies as the commissioner of commerce and insurance has provided by rule. (b) (1) Whenever the commissioner has reason to believe that any person has followed a practice or procedure in violation of this section, the attorney general and reporter, at the request of the commissioner, may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary injunction, or permanent injunction the commission of such violations. (2) The court may make such orders or render such judgments as may be necessary to make whole any person or class of persons who have suffered an ascertainable loss by reason of the violation of this section. The court may also enter an order temporarily or permanently revoking a license or certificate authorizing that person to engage in business in this state if the court finds knowing and persistent violations of this section. In the event that no such license or certificate exists, then the court may enter an order temporarily or permanently enjoining that person from doing business in this state. Acts 1981, ch. 356, §§ 1, 2; T.C.A., §§ 47-23-104 -- 47-23-105 .
(a) (1) When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender or creditor as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, creditor, or any person acting on that person's behalf, who receives and holds funds for the purpose of obtaining or renewing such insurance coverage, shall be required to purchase such coverage as instructed by the borrower or the borrower's agent, if such coverage is reasonably available, to the extent of the funds supplied, but in no event later than ten (10) days after expiration of the existing coverage. (2) The lender, mortgagee, assignee, creditor, or any person acting on that person's behalf shall have the right to select acceptable insurance companies as the commissioner of commerce and insurance has provided by rule.
(1) When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender or creditor as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, creditor, or any person acting on that person's behalf, who receives and holds funds for the purpose of obtaining or renewing such insurance coverage, shall be required to purchase such coverage as instructed by the borrower or the borrower's agent, if such coverage is reasonably available, to the extent of the funds supplied, but in no event later than ten (10) days after expiration of the existing coverage.
(2) The lender, mortgagee, assignee, creditor, or any person acting on that person's behalf shall have the right to select acceptable insurance companies as the commissioner of commerce and insurance has provided by rule.
(b) (1) Whenever the commissioner has reason to believe that any person has followed a practice or procedure in violation of this section, the attorney general and reporter, at the request of the commissioner, may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary injunction, or permanent injunction the commission of such violations. (2) The court may make such orders or render such judgments as may be necessary to make whole any person or class of persons who have suffered an ascertainable loss by reason of the violation of this section. The court may also enter an order temporarily or permanently revoking a license or certificate authorizing that person to engage in business in this state if the court finds knowing and persistent violations of this section. In the event that no such license or certificate exists, then the court may enter an order temporarily or permanently enjoining that person from doing business in this state.
(1) Whenever the commissioner has reason to believe that any person has followed a practice or procedure in violation of this section, the attorney general and reporter, at the request of the commissioner, may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary injunction, or permanent injunction the commission of such violations.
(2) The court may make such orders or render such judgments as may be necessary to make whole any person or class of persons who have suffered an ascertainable loss by reason of the violation of this section. The court may also enter an order temporarily or permanently revoking a license or certificate authorizing that person to engage in business in this state if the court finds knowing and persistent violations of this section. In the event that no such license or certificate exists, then the court may enter an order temporarily or permanently enjoining that person from doing business in this state.
Acts 1981, ch. 356, §§ 1, 2; T.C.A., §§ 47-23-104 -- 47-23-105 .
Tenn. Code Ann. § 47-26-905 — TN Code / Title 47 / Chapter 26 / Section 47-26-905
Secondary and field standards
Status: in_force

(a) The commissioner may acquire by purchase at least one set of copies of the primary standards to be kept in a place designated by the commissioner and to be known as secondary standards, and also such field standards and other equipment as may be found necessary to carry out this part. (b) The secondary standards and field standards shall be verified upon their initial receipt and as often thereafter as deemed necessary by the commissioner. Acts 1997, ch. 311, § 1.
(a) The commissioner may acquire by purchase at least one set of copies of the primary standards to be kept in a place designated by the commissioner and to be known as secondary standards, and also such field standards and other equipment as may be found necessary to carry out this part.
(b) The secondary standards and field standards shall be verified upon their initial receipt and as often thereafter as deemed necessary by the commissioner.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-50-117 — TN Code / Title 47 / Chapter 50 / Section 47-50-117
Reimbursement of costs associated with clothing anti-theft security tags
Status: in_force

(a) When clothing is purchased that contains an anti-theft security tag and the tag is not removed at the time of purchase, and the customer resides more than a fifteen (15) minute commute from the retailer, the retailer shall reimburse the customer for mailing costs incurred by the customer in returning the item of clothing for removal of the tag. Upon showing proof of purchase of the item and proof of mailing costs, the retailer shall reimburse the customer for such costs. (b) It is deemed to be an unfair business practice under the Consumer Protection Act, chapter 18 of this title, if a retailer fails to reimburse the customer in accordance with subsection (a). Acts 1998, ch. 1001, § 1.
(a) When clothing is purchased that contains an anti-theft security tag and the tag is not removed at the time of purchase, and the customer resides more than a fifteen (15) minute commute from the retailer, the retailer shall reimburse the customer for mailing costs incurred by the customer in returning the item of clothing for removal of the tag. Upon showing proof of purchase of the item and proof of mailing costs, the retailer shall reimburse the customer for such costs.
(b) It is deemed to be an unfair business practice under the Consumer Protection Act, chapter 18 of this title, if a retailer fails to reimburse the customer in accordance with subsection (a).
Acts 1998, ch. 1001, § 1.
Tenn. Code Ann. § 47-14-119 — TN Code / Title 47 / Chapter 14 / Section 47-14-119
Choice of laws
Status: in_force

In any transaction otherwise subject to this chapter which is not subject to the disclosure requirements of the federal Consumer Credit Protection Act, where the transaction bears a reasonable relationship to this state and also to another state or nation, the parties may agree in the written contract evidencing such transaction that the laws of this state or of any other such state or nation shall govern their rights and duties with respect to interest, loan charges, commitment fees, and brokerage commissions. Acts 1979, ch. 203, § 18.
In any transaction otherwise subject to this chapter which is not subject to the disclosure requirements of the federal Consumer Credit Protection Act, where the transaction bears a reasonable relationship to this state and also to another state or nation, the parties may agree in the written contract evidencing such transaction that the laws of this state or of any other such state or nation shall govern their rights and duties with respect to interest, loan charges, commitment fees, and brokerage commissions.
Acts 1979, ch. 203, § 18.
Tenn. Code Ann. § 47-18-116 — TN Code / Title 47 / Chapter 18 / Section 47-18-116
Costs
Status: in_force

No costs shall be taxed against the attorney general in actions commenced under this part. Amended by 2019 Tenn. Acts, ch. 459,s 14, eff. 9/30/2019. Acts 1977, ch. 438, § 17.
No costs shall be taxed against the attorney general in actions commenced under this part.
Amended by 2019 Tenn. Acts, ch. 459,s 14, eff. 9/30/2019.
Acts 1977, ch. 438, § 17.
Tenn. Code Ann. § 47-2a-308 — TN Code / Title 47 / Chapter 2a / Section 47-2a-308
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 3 - EFFECT OF LEASE CONTRACT (§§ 47-2A-301 — 47-2A-311) Section 47-2A-308 - Special rights of creditors
Status: in_force

(1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent. (2) Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this chapter would constitute the transaction a fraudulent transfer or voidable preference. (3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith. Acts 1993, ch. 398, § 1.
(1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
(2) Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this chapter would constitute the transaction a fraudulent transfer or voidable preference.
(3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-26-911 — TN Code / Title 47 / Chapter 26 / Section 47-26-911
Powers and duties of local officials
Status: in_force

(a) The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure of the governing body of the city or county. (b) Any weights and measures official appointed by a county or city shall have the duties and powers enumerated in this part, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state. (c) Each city sealer and county sealer of weights and measures shall file with the commissioner a fiscal year summary (July 1-June 30) of all weights and measures inspections and activities. The content, format, and due date of this summary shall be determined by the commissioner. (d) In cities and counties for which sealers of weights and measures have been appointed as provided for in this part, the commissioner shall have concurrent authority to enforce this part. (e) The powers and duties relevant to weights and measures contained in this part shall be in addition to the powers granted to any such city or county by law or charter. Acts 1997, ch. 311, § 1.
(a) The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure of the governing body of the city or county.
(b) Any weights and measures official appointed by a county or city shall have the duties and powers enumerated in this part, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state.
(c) Each city sealer and county sealer of weights and measures shall file with the commissioner a fiscal year summary (July 1-June 30) of all weights and measures inspections and activities. The content, format, and due date of this summary shall be determined by the commissioner.
(d) In cities and counties for which sealers of weights and measures have been appointed as provided for in this part, the commissioner shall have concurrent authority to enforce this part.
(e) The powers and duties relevant to weights and measures contained in this part shall be in addition to the powers granted to any such city or county by law or charter.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-25-606 — TN Code / Title 47 / Chapter 25 / Section 47-25-606
Injunction - Damages
Status: in_force

Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer's legal representative in an amount which is three (3) times the value of the franchise agreement and the reasonable value of the dealer's good will lost as a consequence of the franchise termination combined, plus punitive damages where warranted. Acts 1975, ch. 232, § 1; T.C.A., § 69-706.
Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer's legal representative in an amount which is three (3) times the value of the franchise agreement and the reasonable value of the dealer's good will lost as a consequence of the franchise termination combined, plus punitive damages where warranted.
Acts 1975, ch. 232, § 1; T.C.A., § 69-706.
Tenn. Code Ann. § 47-8-407 — TN Code / Title 47 / Chapter 8 / Section 47-8-407
Authenticating trustee, transfer agent, and registrar
Status: in_force

A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions. Acts 1997, ch. 79, § 1.
A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-25-1510 — TN Code / Title 47 / Chapter 25 / Section 47-25-1510
Restriction on release from liability
Status: in_force

No franchisee may prospectively assent to a release, assignment, novation, waiver or estoppel which would relieve any person from any liability or obligation under this part, or would require any controversy between a franchisor or franchisee to be referred to any person other than the duly constituted courts of this state or the United States, or a state regulatory agency charged by law with adjudicating such controversy, if the referral would be binding on the franchisee. Acts 1989, ch. 392, § 10.
No franchisee may prospectively assent to a release, assignment, novation, waiver or estoppel which would relieve any person from any liability or obligation under this part, or would require any controversy between a franchisor or franchisee to be referred to any person other than the duly constituted courts of this state or the United States, or a state regulatory agency charged by law with adjudicating such controversy, if the referral would be binding on the franchisee.
Acts 1989, ch. 392, § 10.
Tenn. Code Ann. § 47-2-305 — TN Code / Title 47 / Chapter 2 / Section 47-2-305
Open price term
Status: in_force

(1) The parties, if they so intend, can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if: (a) nothing is said as to price; or (b) the price is left to be agreed by the parties and they fail to agree; or (c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. (3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one (1) party the other may at his option treat the contract as cancelled or himself fix a reasonable price. (4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account. Acts 1963, ch. 81, § 1 (2-305).
(1) The parties, if they so intend, can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if: (a) nothing is said as to price; or (b) the price is left to be agreed by the parties and they fail to agree; or (c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
(a) nothing is said as to price; or
(b) the price is left to be agreed by the parties and they fail to agree; or
(c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
(2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.
(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one (1) party the other may at his option treat the contract as cancelled or himself fix a reasonable price.
(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Acts 1963, ch. 81, § 1 (2-305).
Tenn. Code Ann. § 47-7-504 — TN Code / Title 47 / Chapter 7 / Section 47-7-504
Rights acquired in absence of due negotiation - Effect of diversion - Stoppage of delivery
Status: in_force

(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey. (b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated: (1) By those creditors of the transferor which could treat the transfer as void under § 47-2-402 or § 47-2A-308 ; (2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights; (3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or (4) As against the bailee, by good-faith dealings of the bailee with the transferor. (c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee's title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee's rights against the bailee. (d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under § 47-2-705 or a lessor under § 47-2A-526 , subject to the requirements of due notification in those sections. A bailee that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense. Acts 2008, ch. 814, § 1.
(a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey.
(b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated: (1) By those creditors of the transferor which could treat the transfer as void under § 47-2-402 or § 47-2A-308 ; (2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights; (3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or (4) As against the bailee, by good-faith dealings of the bailee with the transferor.
(1) By those creditors of the transferor which could treat the transfer as void under § 47-2-402 or § 47-2A-308 ;
(2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights;
(3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or
(4) As against the bailee, by good-faith dealings of the bailee with the transferor.
(c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee's title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee's rights against the bailee.
(d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under § 47-2-705 or a lessor under § 47-2A-526 , subject to the requirements of due notification in those sections. A bailee that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-5204 — TN Code / Title 47 / Chapter 18 / Section 47-18-5204
Persons allowed to bring an action for damages
Status: in_force

(a) The following persons may bring an action against a person who violates or is in violation of § 47-18-5203 : (1) (A) A person who: (i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and (ii) Suffers ascertainable loss by a violation of § 47-18-5203 . (B) An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or (2) (A) An individual who suffers an ascertainable loss by a violation of § 47-18-5203 may bring an action, but only against a person who has directly violated § 47-18-5203 . (B) An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of § 47-18-5203 and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation. (b) The attorney general and reporter or a district attorney general may bring an action against a person who violates or is in violation of § 47-18-5203 to enjoin further violations of § 47-18-5203 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500), per violation. (c) In an action pursuant to this part, a court may, in addition, do either or both of the following: (1) Increase the recoverable damages to an amount up to three (3) times the damages otherwise recoverable under subsection (a) in cases in which the defendant has established a pattern and practice of violating § 47-18-5203 ; or (2) Award costs of the suit and reasonable attorney's fees to a prevailing plaintiff. (d) The remedies provided in this part do not preclude the seeking of remedies, including criminal remedies, under any other applicable law. (e) For purposes of subdivision (a)(1), multiple violations of § 47-18-5203 resulting from any single action or conduct shall constitute one (1) violation. (f) No provider of an interactive computer service may be held liable under this part or any other state law for identifying, removing, or disabling access to content that resides on an Internet web page or other online location that such provider believes in good faith is used to engage in a violation of this part. Acts 2006, ch. 566, § 5.
(a) The following persons may bring an action against a person who violates or is in violation of § 47-18-5203 : (1) (A) A person who: (i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and (ii) Suffers ascertainable loss by a violation of § 47-18-5203 . (B) An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or (2) (A) An individual who suffers an ascertainable loss by a violation of § 47-18-5203 may bring an action, but only against a person who has directly violated § 47-18-5203 . (B) An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of § 47-18-5203 and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation.
(1) (A) A person who: (i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and (ii) Suffers ascertainable loss by a violation of § 47-18-5203 . (B) An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or
(A) A person who: (i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and (ii) Suffers ascertainable loss by a violation of § 47-18-5203 .
(i) Is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark; and
(ii) Suffers ascertainable loss by a violation of § 47-18-5203 .
(B) An action brought under subdivision (a)(1)(A) may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000); or
(2) (A) An individual who suffers an ascertainable loss by a violation of § 47-18-5203 may bring an action, but only against a person who has directly violated § 47-18-5203 . (B) An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of § 47-18-5203 and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation.
(A) An individual who suffers an ascertainable loss by a violation of § 47-18-5203 may bring an action, but only against a person who has directly violated § 47-18-5203 .
(B) An action brought under subdivision (a)(2)(A) may seek to enjoin further violations of § 47-18-5203 and to recover the greater of three (3) times the amount of actual damages or five thousand dollars ($5,000), per violation.
(b) The attorney general and reporter or a district attorney general may bring an action against a person who violates or is in violation of § 47-18-5203 to enjoin further violations of § 47-18-5203 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500), per violation.
(c) In an action pursuant to this part, a court may, in addition, do either or both of the following: (1) Increase the recoverable damages to an amount up to three (3) times the damages otherwise recoverable under subsection (a) in cases in which the defendant has established a pattern and practice of violating § 47-18-5203 ; or (2) Award costs of the suit and reasonable attorney's fees to a prevailing plaintiff.
(1) Increase the recoverable damages to an amount up to three (3) times the damages otherwise recoverable under subsection (a) in cases in which the defendant has established a pattern and practice of violating § 47-18-5203 ; or
(2) Award costs of the suit and reasonable attorney's fees to a prevailing plaintiff.
(d) The remedies provided in this part do not preclude the seeking of remedies, including criminal remedies, under any other applicable law.
(e) For purposes of subdivision (a)(1), multiple violations of § 47-18-5203 resulting from any single action or conduct shall constitute one (1) violation.
(f) No provider of an interactive computer service may be held liable under this part or any other state law for identifying, removing, or disabling access to content that resides on an Internet web page or other online location that such provider believes in good faith is used to engage in a violation of this part.
Acts 2006, ch. 566, § 5.
Tenn. Code Ann. § 47-22-204 — TN Code / Title 47 / Chapter 22 / Section 47-22-204
Effect of termination of account - Effective date - Liability
Status: in_force

(a) Termination by a cardholder of an account is effective on the second business day (as to the card issuer) following delivery to the issuer of the notice of termination or on such later date as is specified in the notice. From and after termination, no cardholder or card user may initiate transactions under the account, and each cardholder, other than the terminating cardholder, and each card user shall surrender all cards in that person's possession or control to the issuer immediately upon receiving a copy of the notice of termination. (b) Termination of an account relieves the issuer of any obligation to extend credit in a card transaction under the account regardless of when the transaction is initiated and, except as provided in subsection (c), relieves each cardholder of any further liability respecting the account. (c) Notwithstanding termination, each cardholder is liable for: (1) All transactions initiated by any cardholder or card user prior to the effective date of termination; (2) All transactions initiated at any time by or with the authorization of the cardholder against whom the issuer asserts liability, but no cardholder other than the initiating or authorizing cardholder shall be liable for such transaction; and (3) All transactions initiated by any card user at any time. (d) The account agreement shall remain applicable to any transaction initiated on or after the termination date for which a cardholder is liable, except that the outstanding balance of all such transactions shall, unless the issuer elects otherwise, be due and payable in full. Acts 1989, ch. 216, § 5.
(a) Termination by a cardholder of an account is effective on the second business day (as to the card issuer) following delivery to the issuer of the notice of termination or on such later date as is specified in the notice. From and after termination, no cardholder or card user may initiate transactions under the account, and each cardholder, other than the terminating cardholder, and each card user shall surrender all cards in that person's possession or control to the issuer immediately upon receiving a copy of the notice of termination.
(b) Termination of an account relieves the issuer of any obligation to extend credit in a card transaction under the account regardless of when the transaction is initiated and, except as provided in subsection (c), relieves each cardholder of any further liability respecting the account.
(c) Notwithstanding termination, each cardholder is liable for: (1) All transactions initiated by any cardholder or card user prior to the effective date of termination; (2) All transactions initiated at any time by or with the authorization of the cardholder against whom the issuer asserts liability, but no cardholder other than the initiating or authorizing cardholder shall be liable for such transaction; and (3) All transactions initiated by any card user at any time.
(1) All transactions initiated by any cardholder or card user prior to the effective date of termination;
(2) All transactions initiated at any time by or with the authorization of the cardholder against whom the issuer asserts liability, but no cardholder other than the initiating or authorizing cardholder shall be liable for such transaction; and
(3) All transactions initiated by any card user at any time.
(d) The account agreement shall remain applicable to any transaction initiated on or after the termination date for which a cardholder is liable, except that the outstanding balance of all such transactions shall, unless the issuer elects otherwise, be due and payable in full.
Acts 1989, ch. 216, § 5.
Tenn. Code Ann. § 47-2-701 — TN Code / Title 47 / Chapter 2 / Section 47-2-701
Remedies for breach of collateral contracts not impaired
Status: in_force

Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter. Acts 1963, ch. 81, § 1 (2-701).
Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter.
Acts 1963, ch. 81, § 1 (2-701).