Tenn. Code Ann. § 47-32-107 — TN Code / Title 47 / Chapter 32 / Section 47-32-107
Violations - Liability - Penalties - Frivolous actions
Status: in_force

(a) Any party violating this chapter is liable to any other party suffering a loss due to such violation, for any actual damages sustained, plus reasonable attorneys' fees. In addition, any party in violation of this chapter shall pay to the other party or parties suffering a loss an amount equal to one thousand dollars ($1,000), or double the amount of interest payable on the mortgage loan for the first sixty (60) days after the loan closing, whichever amount is greater. (b) Any party may bring an action in chancery court for declaratory or injunctive relief to prevent any violations of this chapter. (c) In any private action commenced under this chapter, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorneys' fees and costs. Acts 2005, ch. 273, § 8.
(a) Any party violating this chapter is liable to any other party suffering a loss due to such violation, for any actual damages sustained, plus reasonable attorneys' fees. In addition, any party in violation of this chapter shall pay to the other party or parties suffering a loss an amount equal to one thousand dollars ($1,000), or double the amount of interest payable on the mortgage loan for the first sixty (60) days after the loan closing, whichever amount is greater.
(b) Any party may bring an action in chancery court for declaratory or injunctive relief to prevent any violations of this chapter.
(c) In any private action commenced under this chapter, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorneys' fees and costs.
Acts 2005, ch. 273, § 8.
Tenn. Code Ann. § 47-26-1001 — TN Code / Title 47 / Chapter 26 / Section 47-26-1001
Short title
Status: in_force

This part may be cited as "Public Weighmaster." Acts 1997, ch. 311, § 2.
This part may be cited as "Public Weighmaster."
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-18-702 — TN Code / Title 47 / Chapter 18 / Section 47-18-702
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Business day" means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day; (2) "Buyer" means buyer or lessee; (3) "Goods" means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services; (4) "Home solicitation sale" means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. It does not include cash sales of less than twenty-five dollars ($25.00), a sale or lease made pursuant to a preexisting revolving charge account, or a sale or lease made pursuant to prior negotiations between the parties. It does not include real estate sales or listing agreements. It does not include sales of farm animals or produce or similar perishable items; and (5) "Seller" means seller or lessor. Acts 1974, ch. 712, § 2; T.C.A., § 47-16-102 .
As used in this part, unless the context otherwise requires:
(1) "Business day" means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day;
(2) "Buyer" means buyer or lessee;
(3) "Goods" means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services;
(4) "Home solicitation sale" means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. It does not include cash sales of less than twenty-five dollars ($25.00), a sale or lease made pursuant to a preexisting revolving charge account, or a sale or lease made pursuant to prior negotiations between the parties. It does not include real estate sales or listing agreements. It does not include sales of farm animals or produce or similar perishable items; and
(5) "Seller" means seller or lessor.
Acts 1974, ch. 712, § 2; T.C.A., § 47-16-102 .
Tenn. Code Ann. § 47-4a-107 — TN Code / Title 47 / Chapter 4a / Section 47-4a-107
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-107 - Federal reserve regulations and operating circulars
Status: in_force

Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this chapter to the extent of the inconsistency. Acts 1991, ch. 52, § 1.
Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-13-109 — TN Code / Title 47 / Chapter 13 / Section 47-13-109
Fees for services under Sections 47-13-103 - 47-13-108
Status: in_force

The person performing the duties of the county clerk, and the sheriff or constable, for the services performed by them under §§ 47-13-103 - 47-13-108, shall be entitled to and be allowed the same fees as are allowed them by law for like services in other cases. Acts 1899, ch. 371, § 7; Shan., § 3524a7; Code 1932, § 7781; T.C.A. (orig. ed.), § 47-1509; modified.
The person performing the duties of the county clerk, and the sheriff or constable, for the services performed by them under §§ 47-13-103 - 47-13-108, shall be entitled to and be allowed the same fees as are allowed them by law for like services in other cases.
Acts 1899, ch. 371, § 7; Shan., § 3524a7; Code 1932, § 7781; T.C.A. (orig. ed.), § 47-1509; modified.
Tenn. Code Ann. § 47-18-1805 — TN Code / Title 47 / Chapter 18 / Section 47-18-1805
Injunctive relief
Status: in_force

In addition to any other remedies, the attorney general is authorized to apply to the chancery court of Davidson County, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part, irrespective of whether or not there exists an adequate remedy at law, without the necessity of posting a bond. Amended by 2019 Tenn. Acts, ch. 459,s 34, eff. 9/30/2019. Acts 1997, ch. 244, § 5.
In addition to any other remedies, the attorney general is authorized to apply to the chancery court of Davidson County, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part, irrespective of whether or not there exists an adequate remedy at law, without the necessity of posting a bond.
Amended by 2019 Tenn. Acts, ch. 459,s 34, eff. 9/30/2019.
Acts 1997, ch. 244, § 5.
Tenn. Code Ann. § 47-50-106 — TN Code / Title 47 / Chapter 50 / Section 47-50-106
Action on instruments may be joint or several
Status: in_force

Upon any note or negotiable instrument, the holder may maintain a joint action against the maker and any one (1) or more of the sureties or endorsers; or a joint and several action against the maker and/or any one (1) or more of the sureties or endorsers. Code 1858, § 1958 (deriv. Acts 1820, ch. 25, § 1; 1837-1838, ch. 5, § 1); Shan., §3507; mod. Code 1932, § 7317; T.C.A. (orig. ed.), §§ 47-805, 47-15-108.
Upon any note or negotiable instrument, the holder may maintain a joint action against the maker and any one (1) or more of the sureties or endorsers; or a joint and several action against the maker and/or any one (1) or more of the sureties or endorsers.
Code 1858, § 1958 (deriv. Acts 1820, ch. 25, § 1; 1837-1838, ch. 5, § 1); Shan., §3507; mod. Code 1932, § 7317; T.C.A. (orig. ed.), §§ 47-805, 47-15-108.
Tenn. Code Ann. § 47-25-204 — TN Code / Title 47 / Chapter 25 / Section 47-25-204
Exemptions
Status: in_force

This part does not apply to sales at retail or sales at wholesale made: (1) In an isolated transaction and not in the usual course of business; (2) Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such; (3) Where highly perishable merchandise must be promptly sold in order to forestall loss; (4) Of imperfect or actually damaged merchandise, or merchandise which is being discontinued, if advertised, marked, and sold as such; (5) Of merchandise sold upon the complete final liquidation of any business; (6) Of merchandise sold for charitable purposes or to unemployment relief agencies; (7) Of merchandise sold on contract to departments of government and governmental institutions; (8) In meeting the legal price of a competitor on merchandise which is the same as to comparable competitive factors, such as weight, quantity, quality, pack, brand, or packaging; or (9) By any officer acting under the order or direction of any court. Acts 1937, ch. 69, § 5; C. Supp. 1950, § 6770.11; T.C.A. (orig. ed.), § 69-304.
This part does not apply to sales at retail or sales at wholesale made:
(1) In an isolated transaction and not in the usual course of business;
(2) Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such;
(3) Where highly perishable merchandise must be promptly sold in order to forestall loss;
(4) Of imperfect or actually damaged merchandise, or merchandise which is being discontinued, if advertised, marked, and sold as such;
(5) Of merchandise sold upon the complete final liquidation of any business;
(6) Of merchandise sold for charitable purposes or to unemployment relief agencies;
(7) Of merchandise sold on contract to departments of government and governmental institutions;
(8) In meeting the legal price of a competitor on merchandise which is the same as to comparable competitive factors, such as weight, quantity, quality, pack, brand, or packaging; or
(9) By any officer acting under the order or direction of any court.
Acts 1937, ch. 69, § 5; C. Supp. 1950, § 6770.11; T.C.A. (orig. ed.), § 69-304.
Tenn. Code Ann. § 47-11-110 — TN Code / Title 47 / Chapter 11 / Section 47-11-110
Transactions do not constitute loans
Status: in_force

(a) A "retail installment transaction," as defined in § 47-11-102 , or any other conditional sales contract or other agreement covering the time sale of personal property or services, and the assignment thereof, and the business of selling such personal property and services on a time payment basis, and the business of purchasing or acquiring such transactions, contracts, or agreements, whether or not regulated under this chapter, shall not be deemed to be loans or forebearances of money or things of value or the making of same, nor shall they be regulated by or subject to title 45, chapter 5, parts 1-4. (b) "Personal property" and "services," as used in this section, include all personal property and services, whether or not purchased for commercial or industrial use, and whether or not such personal property is affixed or to be affixed to real property so as to become a part thereof, whether or not severable from such real property. Acts 1961, ch. 110, § 1; T.C.A., § 47-1910.
(a) A "retail installment transaction," as defined in § 47-11-102 , or any other conditional sales contract or other agreement covering the time sale of personal property or services, and the assignment thereof, and the business of selling such personal property and services on a time payment basis, and the business of purchasing or acquiring such transactions, contracts, or agreements, whether or not regulated under this chapter, shall not be deemed to be loans or forebearances of money or things of value or the making of same, nor shall they be regulated by or subject to title 45, chapter 5, parts 1-4.
(b) "Personal property" and "services," as used in this section, include all personal property and services, whether or not purchased for commercial or industrial use, and whether or not such personal property is affixed or to be affixed to real property so as to become a part thereof, whether or not severable from such real property.
Acts 1961, ch. 110, § 1; T.C.A., § 47-1910.
Tenn. Code Ann. § 47-3-304 — TN Code / Title 47 / Chapter 3 / Section 47-3-304
Overdue instrument
Status: in_force

(a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) on the day after the day demand for payment is duly made; (2) if the instrument is a check, ninety (90) days after its date; or (3) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. (b) With respect to an instrument payable at a definite time the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured. (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. (c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal. Acts 1995, ch. 397, § 2.
(a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) on the day after the day demand for payment is duly made; (2) if the instrument is a check, ninety (90) days after its date; or (3) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
(1) on the day after the day demand for payment is duly made;
(2) if the instrument is a check, ninety (90) days after its date; or
(3) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
(b) With respect to an instrument payable at a definite time the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured. (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.
(2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.
(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.
(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-26-1111 — TN Code / Title 47 / Chapter 26 / Section 47-26-1111
Reciprocal agreements
Status: in_force

The commissioner may enter into an informal reciprocal agreement with any other state or states with similar registration policies whereby the registered servicepersons and the registered service agencies of the party states are granted reciprocal authority of certification of standards and testing equipment. Acts 1997, ch. 311, § 3.
The commissioner may enter into an informal reciprocal agreement with any other state or states with similar registration policies whereby the registered servicepersons and the registered service agencies of the party states are granted reciprocal authority of certification of standards and testing equipment.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-2-210 — TN Code / Title 47 / Chapter 2 / Section 47-2-210
Delegation of performance - Assignment of rights
Status: in_force

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach. (2) Except as otherwise provided in § 47-9-406 , unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise. (3) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement. (4) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance. (5) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract. (6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (§ 47-2-609 ). Acts 1963, ch. 81, § 1 (2-210); 2000, ch. 846, § 5.
(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.
(2) Except as otherwise provided in § 47-9-406 , unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer; and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (§ 47-2-609 ).
Acts 1963, ch. 81, § 1 (2-210); 2000, ch. 846, § 5.
Tenn. Code Ann. § 47-2-702 — TN Code / Title 47 / Chapter 2 / Section 47-2-702
Seller's remedies on discovery of buyer's insolvency
Status: in_force

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this chapter (§ 47-2-705 ). (2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten (10) days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three (3) months before delivery the ten (10) day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay. (3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this chapter (§ 47-2-403 ). Successful reclamation of goods excludes all other remedies with respect to them. Acts 1963, ch. 81, § 1 (2-702).
(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this chapter (§ 47-2-705 ).
(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten (10) days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three (3) months before delivery the ten (10) day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.
(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this chapter (§ 47-2-403 ). Successful reclamation of goods excludes all other remedies with respect to them.
Acts 1963, ch. 81, § 1 (2-702).
Tenn. Code Ann. § 47-25-507 — TN Code / Title 47 / Chapter 25 / Section 47-25-507
Assignments, changes of name and other instruments
Status: in_force

(a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase. (b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate of registration for the remainder of the term of the registration or last renewal thereof. (c) Other instruments which relate to a mark registered or application pending pursuant to this part, including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the secretary; provided, that such instrument is in writing and duly executed. (d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution. (e) A photocopy of any instrument referred to in subsection (a), (b) or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original. Acts 1982, ch. 698, § 7; T.C.A., §§ 69-535, 47-25-427, 47-25-506; Acts 2000, ch. 671, § 1.
(a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase.
(b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate of registration for the remainder of the term of the registration or last renewal thereof.
(c) Other instruments which relate to a mark registered or application pending pursuant to this part, including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the secretary; provided, that such instrument is in writing and duly executed.
(d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.
(e) A photocopy of any instrument referred to in subsection (a), (b) or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
Acts 1982, ch. 698, § 7; T.C.A., §§ 69-535, 47-25-427, 47-25-506; Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-2-722 — TN Code / Title 47 / Chapter 2 / Section 47-2-722
Who can sue third parties for injury to goods
Status: in_force

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract: (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; (c) either party may with the consent of the other sue for the benefit of whom it may concern. Acts 1963, ch. 81, § 1 (2-722).
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:
(a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;
(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;
(c) either party may with the consent of the other sue for the benefit of whom it may concern.
Acts 1963, ch. 81, § 1 (2-722).
Tenn. Code Ann. § 47-25-1313 — TN Code / Title 47 / Chapter 25 / Section 47-25-1313
Waiver - Severability
Status: in_force

(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are hereby declared severable. Acts 1999, ch. 193, § 14.
(a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void.
(b) If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are hereby declared severable.
Acts 1999, ch. 193, § 14.
Tenn. Code Ann. § 47-2-322 — TN Code / Title 47 / Chapter 2 / Section 47-2-322
Delivery "ex-ship."
Status: in_force

(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged. (2) Under such a term unless otherwise agreed: (a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and (b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded. Acts 1963, ch. 81, § 1 (2-322).
(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.
(2) Under such a term unless otherwise agreed: (a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and (b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
(a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and
(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
Acts 1963, ch. 81, § 1 (2-322).
Tenn. Code Ann. § 47-25-907 — TN Code / Title 47 / Chapter 25 / Section 47-25-907
Penalty for violations
Status: in_force

A person violating this part commits a Class C misdemeanor. Acts 1957, ch. 410, § 8; T.C.A., §§ 69-607, 47-25-507; Acts 1989, ch. 591, § 113.
A person violating this part commits a Class C misdemeanor.
Acts 1957, ch. 410, § 8; T.C.A., §§ 69-607, 47-25-507; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-18-1601 — TN Code / Title 47 / Chapter 18 / Section 47-18-1601
[Renumbered]
Status: repealed

Renumbered as 4-49-201 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Renumbered as 4-49-201 by 2023 Tenn. Acts, ch. 143,s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-2-204 — TN Code / Title 47 / Chapter 2 / Section 47-2-204
Formation in general
Status: in_force

(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (3) Even though one (1) or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. Acts 1963, ch. 81, § 1 (2-204).
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one (1) or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Acts 1963, ch. 81, § 1 (2-204).
Tenn. Code Ann. § 47-10-114 — TN Code / Title 47 / Chapter 10 / Section 47-10-114
Automated transaction
Status: in_force

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and (3) The terms of the contract are determined by the substantive law applicable to it. Acts 2001, ch. 72, § 14.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and
(3) The terms of the contract are determined by the substantive law applicable to it.
Acts 2001, ch. 72, § 14.
Tenn. Code Ann. § 47-4-111 — TN Code / Title 47 / Chapter 4 / Section 47-4-111
Statute of limitations
Status: in_force

An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three (3) years after the cause of action accrues. Acts 1995, ch. 397, § 3.
An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three (3) years after the cause of action accrues.
Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-18-5508 — TN Code / Title 47 / Chapter 18 / Section 47-18-5508
Public information in application for registration
Status: in_force

Except for the information required by § 47-18-5506(7), (14), and (17) , and the addresses required by § 47-18-5506(4) , the administrator shall make the information in an application for registration as a provider available to the public. Acts 2009, ch. 469, § 1.
Except for the information required by § 47-18-5506(7), (14), and (17) , and the addresses required by § 47-18-5506(4) , the administrator shall make the information in an application for registration as a provider available to the public.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-5-111 — TN Code / Title 47 / Chapter 5 / Section 47-5-111
Remedies
Status: in_force

(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant's election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document. (b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. (c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b), a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b). (d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date. (e) Reasonable attorney's fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this article. (f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated. Acts 1998, ch. 675, § 1.
(a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant's election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this subsection. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.
(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.
(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b), a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b).
(d) An issuer, nominated person, or adviser who is found liable under subsection (a), (b), or (c) shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.
(e) Reasonable attorney's fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this article.
(f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-2-611 — TN Code / Title 47 / Chapter 2 / Section 47-2-611
Retraction of anticipatory repudiation
Status: in_force

(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final. (2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this chapter (§ 47-2-609 ). (3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation. Acts 1963, ch. 81, § 1 (2-611).
(1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final.
(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this chapter (§ 47-2-609 ).
(3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Acts 1963, ch. 81, § 1 (2-611).
Tenn. Code Ann. § 47-2a-109 — TN Code / Title 47 / Chapter 2a / Section 47-2a-109
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 1 - GENERAL PROVISIONS (§§ 47-2A-101 — 47-2A-111) Section 47-2A-109 - Option to accelerate at will
Status: in_force

(1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deems himself or herself insecure" or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired. (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
(1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deems himself or herself insecure" or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-25-301 — TN Code / Title 47 / Chapter 25 / Section 47-25-301
Short title
Status: in_force

This part shall be known and may be cited as the "Unfair Retailer's Cigarette Sales Law." Acts 1949, ch. 68, § 1; C. Supp. 1950, § 6770.12 (Williams, § 6770.44); T.C.A. (orig. ed.), § 69-401; Acts 1998, ch. 768, § 1.
This part shall be known and may be cited as the "Unfair Retailer's Cigarette Sales Law."
Acts 1949, ch. 68, § 1; C. Supp. 1950, § 6770.12 (Williams, § 6770.44); T.C.A. (orig. ed.), § 69-401; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-3-102 — TN Code / Title 47 / Chapter 3 / Section 47-3-102
Subject matter
Status: in_force

(a) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by chapter 4A of this title, or to securities governed by chapter 8 of this title. (b) If there is conflict between this chapter and chapter 4 or 9 of this title, chapters 4 and 9 of this title govern. (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this chapter to the extent of the inconsistency. Acts 1995, ch. 397, § 2.
(a) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by chapter 4A of this title, or to securities governed by chapter 8 of this title.
(b) If there is conflict between this chapter and chapter 4 or 9 of this title, chapters 4 and 9 of this title govern.
(c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-608 — TN Code / Title 47 / Chapter 18 / Section 47-18-608
Receipts for payments
Status: in_force

A lessor shall provide the consumer with a written receipt for each payment made by cash or money order. Acts 1987, ch. 225, § 9.
A lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
Acts 1987, ch. 225, § 9.
Tenn. Code Ann. § 47-4-203 — TN Code / Title 47 / Chapter 4 / Section 47-4-203
Effect of instructions
Status: in_force

Subject to chapter 3 of this title concerning conversion of instruments (§ 47-3-420 ) and restrictive endorsements (§ 47-3-206 ), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor. Acts 1963, ch. 81, § 1 (4-203); 1995, ch. 397, § 3.
Subject to chapter 3 of this title concerning conversion of instruments (§ 47-3-420 ) and restrictive endorsements (§ 47-3-206 ), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.
Acts 1963, ch. 81, § 1 (4-203); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-8-404 — TN Code / Title 47 / Chapter 8 / Section 47-8-404
Wrongful registration
Status: in_force

(a) Except as otherwise provided in § 47-8-406 , an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it, and the transfer was registered: (1) pursuant to an ineffective endorsement or instruction; (2) after a demand that the issuer not register transfer became effective under § 47-8-403(a) and the issuer did not comply with § 47-8-403(b) ; (3) after the issuer had been served with an injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or (4) by an issuer acting in collusion with the wrongdoer. (b) An issuer that is liable for wrongful registration of transfer under subsection (a) on demand shall provide the person entitled to the security with a like certificated or uncertificated security, and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer's liability to provide the person with a like security is governed by § 47-8-210 . (c) Except as otherwise provided in subsection (a) or in a law relating to the collection of taxes, an issuer is not liable to an owner or other person suffering loss as a result of the registration of a transfer of a security if registration was made pursuant to an effective endorsement or instruction. Acts 1997, ch. 79, § 1.
(a) Except as otherwise provided in § 47-8-406 , an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it, and the transfer was registered: (1) pursuant to an ineffective endorsement or instruction; (2) after a demand that the issuer not register transfer became effective under § 47-8-403(a) and the issuer did not comply with § 47-8-403(b) ; (3) after the issuer had been served with an injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or (4) by an issuer acting in collusion with the wrongdoer.
(1) pursuant to an ineffective endorsement or instruction;
(2) after a demand that the issuer not register transfer became effective under § 47-8-403(a) and the issuer did not comply with § 47-8-403(b) ;
(3) after the issuer had been served with an injunction, restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or
(4) by an issuer acting in collusion with the wrongdoer.
(b) An issuer that is liable for wrongful registration of transfer under subsection (a) on demand shall provide the person entitled to the security with a like certificated or uncertificated security, and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer's liability to provide the person with a like security is governed by § 47-8-210 .
(c) Except as otherwise provided in subsection (a) or in a law relating to the collection of taxes, an issuer is not liable to an owner or other person suffering loss as a result of the registration of a transfer of a security if registration was made pursuant to an effective endorsement or instruction.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-3-119 — TN Code / Title 47 / Chapter 3 / Section 47-3-119
Notice of right to defend action
Status: in_force

In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two (2) litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend. Acts 1995, ch. 397, § 2.
In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two (2) litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-2a-221 — TN Code / Title 47 / Chapter 2a / Section 47-2a-221
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-221 - Casualty to identified goods
Status: in_force

If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or § 47-2A-219 , then: (a) if the loss is total, the lease contract is avoided; and (b) if the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his or her option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or § 47-2A-219 , then:
(a) if the loss is total, the lease contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his or her option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-25-1218 — TN Code / Title 47 / Chapter 25 / Section 47-25-1218
Deposit in lieu of bond
Status: in_force

In lieu of furnishing the bond required by § 47-25-1217 , the invention developer may deposit with the secretary of state a cash deposit in the like amount. This cash deposit may be satisfied by any of the following: (1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the federal deposit insurance corporation; (2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the federal deposit insurance corporation; (3) Bearer bonds issued by the United States government or by this state; or (4) Cash deposited with the secretary of state. Acts 1977, ch. 436, § 22; T.C.A., § 47-20-118.
In lieu of furnishing the bond required by § 47-25-1217 , the invention developer may deposit with the secretary of state a cash deposit in the like amount. This cash deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the federal deposit insurance corporation;
(2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the federal deposit insurance corporation;
(3) Bearer bonds issued by the United States government or by this state; or
(4) Cash deposited with the secretary of state.
Acts 1977, ch. 436, § 22; T.C.A., § 47-20-118.
Tenn. Code Ann. § 47-3-204 — TN Code / Title 47 / Chapter 3 / Section 47-3-204
Endorsement
Status: in_force

(a) "Endorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring endorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an endorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than endorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. (b) "Endorser" means a person who makes an endorsement. (c) For the purpose of determining whether the transferee of an instrument is a holder, an endorsement that transfers a security interest in the instrument is effective as an unqualified endorsement of the instrument. (d) If an instrument is payable to a holder under a name that is not the name of the holder, endorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection. Acts 1995, ch. 397, § 2.
(a) "Endorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring endorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an endorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than endorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.
(b) "Endorser" means a person who makes an endorsement.
(c) For the purpose of determining whether the transferee of an instrument is a holder, an endorsement that transfers a security interest in the instrument is effective as an unqualified endorsement of the instrument.
(d) If an instrument is payable to a holder under a name that is not the name of the holder, endorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-302 — TN Code / Title 47 / Chapter 18 / Section 47-18-302
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 3, eff. 7/1/2016. Acts 1984, ch. 630, § 2; 1986, ch. 894, § 1; 1989, ch. 460, § 1.
Repealed by 2016 Tenn. Acts, ch. 858, s 3, eff. 7/1/2016.
Acts 1984, ch. 630, § 2; 1986, ch. 894, § 1; 1989, ch. 460, § 1.
Tenn. Code Ann. § 47-26-702 — TN Code / Title 47 / Chapter 26 / Section 47-26-702
Inspection required
Status: in_force

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner. Acts 1977, ch. 138, § 2; T.C.A., § 71-702.
The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner.
Acts 1977, ch. 138, § 2; T.C.A., § 71-702.
Tenn. Code Ann. § 47-18-202 — TN Code / Title 47 / Chapter 18 / Section 47-18-202
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, Secs.s 3, s 4, s 5 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 339, s 2, eff. 7/1/2015. Acts 1980, ch. 846, § 3; 1982, ch. 570, § 2; 1984, ch. 728, § 15; 1986, ch. 593, § 1; 1999, ch. 55, §§ 1, 2, 6.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, Secs.s 3, s 4, s 5 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 339, s 2, eff. 7/1/2015.
Acts 1980, ch. 846, § 3; 1982, ch. 570, § 2; 1984, ch. 728, § 15; 1986, ch. 593, § 1; 1999, ch. 55, §§ 1, 2, 6.
Tenn. Code Ann. § 47-18-207 — TN Code / Title 47 / Chapter 18 / Section 47-18-207
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 7, eff. 7/1/2015. Acts 1986, ch. 593, § 2; 1999, ch. 55, § 6.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 7, eff. 7/1/2015.
Acts 1986, ch. 593, § 2; 1999, ch. 55, § 6.
Tenn. Code Ann. § 47-4-212 — TN Code / Title 47 / Chapter 4 / Section 47-4-212
Presentment by notice of item not payable by, through, or at bank - Liability of drawer or endorser
Status: in_force

(a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under § 47-3-501 by the close of the bank's next banking day after it knows of the requirement. (b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under § 47-3-501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or endorser by sending it notice of the facts. Acts 1963, ch. 81, § 1 (4-210); T.C.A. § 47-4-210 ; Acts 1995, ch. 397, § 3.
(a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under § 47-3-501 by the close of the bank's next banking day after it knows of the requirement.
(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under § 47-3-501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or endorser by sending it notice of the facts.
Acts 1963, ch. 81, § 1 (4-210); T.C.A. § 47-4-210 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-1511 — TN Code / Title 47 / Chapter 25 / Section 47-25-1511
Part remedial and supplementary - Other protections included - Conflicting provisions
Status: in_force

(a) This part is remedial and is supplementary to any other law of this state which provides rights and protections to franchisees. (b) Any state law or regulation which provides procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal shall be effective and supplementary to this part. (c) Any state law or regulation which permits or provides for the termination or nonrenewal of any franchise without providing the basic protections of this part shall not be effective. Acts 1989, ch. 392, § 11.
(a) This part is remedial and is supplementary to any other law of this state which provides rights and protections to franchisees.
(b) Any state law or regulation which provides procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal shall be effective and supplementary to this part.
(c) Any state law or regulation which permits or provides for the termination or nonrenewal of any franchise without providing the basic protections of this part shall not be effective.
Acts 1989, ch. 392, § 11.
Tenn. Code Ann. § 47-2-704 — TN Code / Title 47 / Chapter 2 / Section 47-2-704
Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
Status: in_force

(1) An aggrieved seller under the preceding section may: (a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control; (b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished. (2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner. Acts 1963, ch. 81, § 1 (2-704).
(1) An aggrieved seller under the preceding section may: (a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control; (b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;
(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
Acts 1963, ch. 81, § 1 (2-704).
Tenn. Code Ann. § 47-8-113 — TN Code / Title 47 / Chapter 8 / Section 47-8-113
Statute of frauds inapplicable
Status: in_force

Notwithstanding the provisions of § 29-2-101 , a contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one (1) year of its making. Acts 1997, ch. 79, § 1.
Notwithstanding the provisions of § 29-2-101 , a contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one (1) year of its making.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-614 — TN Code / Title 47 / Chapter 18 / Section 47-18-614
Criminal liability
Status: in_force

A willful and intentional violation of this part is a Class C misdemeanor. Acts 1987, ch. 225, § 15; 1989, ch. 591, § 111.
A willful and intentional violation of this part is a Class C misdemeanor.
Acts 1987, ch. 225, § 15; 1989, ch. 591, § 111.
Tenn. Code Ann. § 47-18-609 — TN Code / Title 47 / Chapter 18 / Section 47-18-609
Renegotiations - Extensions
Status: in_force

(a) A renegotiation occurs when an existing rental-purchase agreement is satisfied and replaced by a new lease agreement undertaken by the same consumer. A renegotiation is a new agreement requiring new disclosures. However, events such as the following shall not be treated as renegotiations: (1) The addition or return of property in a multiple item agreement or the substitution of lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent (25%); (2) A deferral or extension of one (1) or more periodic payments, or portions of a periodic payment; (3) A reduction in charges in the agreement; (4) An agreement involving a court proceeding; and (5) Any other event described in regulations prescribed by the attorney general. (b) No disclosures are required for any extension of a rental-purchase agreement. Amended by 2019 Tenn. Acts, ch. 459,s 25, eff. 9/30/2019. Acts 1987, ch. 225, § 10.
(a) A renegotiation occurs when an existing rental-purchase agreement is satisfied and replaced by a new lease agreement undertaken by the same consumer. A renegotiation is a new agreement requiring new disclosures. However, events such as the following shall not be treated as renegotiations: (1) The addition or return of property in a multiple item agreement or the substitution of lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent (25%); (2) A deferral or extension of one (1) or more periodic payments, or portions of a periodic payment; (3) A reduction in charges in the agreement; (4) An agreement involving a court proceeding; and (5) Any other event described in regulations prescribed by the attorney general.
(1) The addition or return of property in a multiple item agreement or the substitution of lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent (25%);
(2) A deferral or extension of one (1) or more periodic payments, or portions of a periodic payment;
(3) A reduction in charges in the agreement;
(4) An agreement involving a court proceeding; and
(5) Any other event described in regulations prescribed by the attorney general.
(b) No disclosures are required for any extension of a rental-purchase agreement.
Amended by 2019 Tenn. Acts, ch. 459,s 25, eff. 9/30/2019.
Acts 1987, ch. 225, § 10.
Tenn. Code Ann. § 47-9-502 — TN Code / Title 47 / Chapter 9 / Section 47-9-502
Contents of financing statement - Record of mortgage as financing statement - Time of filing financing statement
Status: in_force

(a) Sufficiency of financing statement. Subject to subsection (b) a financing statement is sufficient only if it: (1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; and (3) Indicates the collateral covered by the financing statement. (b) Real-property-related financing statements. Except as otherwise provided in § 47-9-501(b) , to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also: (1) Indicate that it covers this type of collateral; (2) Indicate that it is to be filed in the real property records; (3) Provide a description of the real property to which the collateral is related; and (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner. (c) Record of mortgage as financing statement. A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if: (1) The record indicates the goods or accounts that it covers; (2) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut; (3) The record satisfies the requirements for a financing statement in this section, but: (A) The record need not indicate that it is to be filed in the real property records; and (B) The record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom § 47-9-503(a)(4) applies; and (4) The record is duly recorded. (d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. Acts 2000, ch. 846, § 1; 2012, ch. 708, § 12.
(a) Sufficiency of financing statement. Subject to subsection (b) a financing statement is sufficient only if it: (1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; and (3) Indicates the collateral covered by the financing statement.
(1) Provides the name of the debtor;
(2) Provides the name of the secured party or a representative of the secured party; and
(3) Indicates the collateral covered by the financing statement.
(b) Real-property-related financing statements. Except as otherwise provided in § 47-9-501(b) , to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also: (1) Indicate that it covers this type of collateral; (2) Indicate that it is to be filed in the real property records; (3) Provide a description of the real property to which the collateral is related; and (4) If the debtor does not have an interest of record in the real property, provide the name of a record owner.
(1) Indicate that it covers this type of collateral;
(2) Indicate that it is to be filed in the real property records;
(3) Provide a description of the real property to which the collateral is related; and
(4) If the debtor does not have an interest of record in the real property, provide the name of a record owner.
(c) Record of mortgage as financing statement. A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if: (1) The record indicates the goods or accounts that it covers; (2) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut; (3) The record satisfies the requirements for a financing statement in this section, but: (A) The record need not indicate that it is to be filed in the real property records; and (B) The record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom § 47-9-503(a)(4) applies; and (4) The record is duly recorded.
(1) The record indicates the goods or accounts that it covers;
(2) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
(3) The record satisfies the requirements for a financing statement in this section, but: (A) The record need not indicate that it is to be filed in the real property records; and (B) The record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom § 47-9-503(a)(4) applies; and
(A) The record need not indicate that it is to be filed in the real property records; and
(B) The record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom § 47-9-503(a)(4) applies; and
(4) The record is duly recorded.
(d) Filing before security agreement or attachment. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
Acts 2000, ch. 846, § 1; 2012, ch. 708, § 12.
Tenn. Code Ann. § 47-9-511 — TN Code / Title 47 / Chapter 9 / Section 47-9-511
Secured party of record
Status: in_force

(a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under § 47-9-514(a) , the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. (b) Amendment naming secured party of record. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under § 47-9-514(b) , the assignee named in the amendment is a secured party of record. (c) Amendment deleting secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person. Acts 2000, ch. 846, § 1.
(a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under § 47-9-514(a) , the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b) Amendment naming secured party of record. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under § 47-9-514(b) , the assignee named in the amendment is a secured party of record.
(c) Amendment deleting secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-30-116 — TN Code / Title 47 / Chapter 30 / Section 47-30-116
Rules - Notice of violation - Penalties - Civil actions
Status: in_force

(a) The commissioner shall adopt rules necessary to implement and enforce this chapter. Upon finding probable cause to believe that an authorized lender or any other person, firm, or corporation is in violation of this chapter, or of any law or any rule or regulation of this state, the United States, or an agency of the state or the United States, the commissioner shall, after affording reasonable notice and opportunity to be heard to the lender, order the lender to cease and desist from the violation. (b) If a lender fails to comply with or appeal the commissioner's cease and desist order, the lender is subject to a civil penalty of one thousand dollars ($1,000) for each violation that is the subject of the cease and desist order. The penalty imposed under this section is in addition to and not in lieu of penalties available under any other law applicable to a reverse mortgage lender. (c) Upon a finding that a reverse mortgage lender has violated this chapter, the commissioner may revoke, temporarily or permanently, the authority of the lender to make reverse mortgage loans. (d) A person damaged by a lender's actions may file an action in civil court to recover actual and punitive damages. Attorneys' fees shall be awarded to a prevailing borrower. Nothing in this chapter shall limit any statutory or common law right of a person to bring an action in court for any act, nor shall this chapter limit the right of the state to punish a person for the violation of any law. Acts 1993, ch. 410, § 17.
(a) The commissioner shall adopt rules necessary to implement and enforce this chapter. Upon finding probable cause to believe that an authorized lender or any other person, firm, or corporation is in violation of this chapter, or of any law or any rule or regulation of this state, the United States, or an agency of the state or the United States, the commissioner shall, after affording reasonable notice and opportunity to be heard to the lender, order the lender to cease and desist from the violation.
(b) If a lender fails to comply with or appeal the commissioner's cease and desist order, the lender is subject to a civil penalty of one thousand dollars ($1,000) for each violation that is the subject of the cease and desist order. The penalty imposed under this section is in addition to and not in lieu of penalties available under any other law applicable to a reverse mortgage lender.
(c) Upon a finding that a reverse mortgage lender has violated this chapter, the commissioner may revoke, temporarily or permanently, the authority of the lender to make reverse mortgage loans.
(d) A person damaged by a lender's actions may file an action in civil court to recover actual and punitive damages. Attorneys' fees shall be awarded to a prevailing borrower. Nothing in this chapter shall limit any statutory or common law right of a person to bring an action in court for any act, nor shall this chapter limit the right of the state to punish a person for the violation of any law.
Acts 1993, ch. 410, § 17.
Tenn. Code Ann. § 47-5-110 — TN Code / Title 47 / Chapter 5 / Section 47-5-110
Warranties
Status: in_force

(a) If its presentation is honored, the beneficiary warrants: (1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 47-5-109(a) ; and (2) to the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit. (b) The warranties in subsection (a) are in addition to warranties arising under chapters 3, 4, 7, and 8 of this title because of the presentation or transfer of documents covered by any of those chapters. Acts 1998, ch. 675, § 1.
(a) If its presentation is honored, the beneficiary warrants: (1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 47-5-109(a) ; and (2) to the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.
(1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in § 47-5-109(a) ; and
(2) to the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.
(b) The warranties in subsection (a) are in addition to warranties arising under chapters 3, 4, 7, and 8 of this title because of the presentation or transfer of documents covered by any of those chapters.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-25-103 — TN Code / Title 47 / Chapter 25 / Section 47-25-103
Criminal penalties for violation of Sections 47-25-101, 47-25-102 - Prosecution
Status: in_force

(a) Any violation of either § 47-25-101 or § 47-25-102 is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy, commits a Class E felony. (b) Any violation of § 47-25-101 or § 47-25-102 by a corporation shall upon conviction be punished by a fine not exceeding one million dollars ($1,000,000). (c) The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of § 47-25-101 or § 47-25-102 , that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general. Acts 1891, ch. 218, § 2; 1903, ch. 140, § 3; Shan., § 3186; Acts 1927, ch. 60, § 4; mod. Code 1932, § 5882; Acts 1981, ch. 530, §§ 1, 2; T.C.A. (orig. ed.), § 69-103; Acts 1989, ch. 591, § 41.
(a) Any violation of either § 47-25-101 or § 47-25-102 is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy, commits a Class E felony.
(b) Any violation of § 47-25-101 or § 47-25-102 by a corporation shall upon conviction be punished by a fine not exceeding one million dollars ($1,000,000).
(c) The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of § 47-25-101 or § 47-25-102 , that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general.
Acts 1891, ch. 218, § 2; 1903, ch. 140, § 3; Shan., § 3186; Acts 1927, ch. 60, § 4; mod. Code 1932, § 5882; Acts 1981, ch. 530, §§ 1, 2; T.C.A. (orig. ed.), § 69-103; Acts 1989, ch. 591, § 41.
Tenn. Code Ann. § 47-18-5101 — TN Code / Title 47 / Chapter 18 / Section 47-18-5101
Legislative intent
Status: in_force

The general assembly finds and declares that: (1) The threats of terrorism are real and could impose horrific social and economic damage on Tennessee; (2) Terrorist attacks can dismantle the stability of markets and free trade; (3) Pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, but when an abnormal economic disruption for goods and services results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of consumer goods and services should be discouraged; (4) Because of the September 11, 2001, terrorist attacks that took place in New York and Arlington, Virginia, some businesses across Tennessee engaged in the economic practice commonly known as price-gouging; (5) Protecting the public from price-gouging is a vital function of state government in providing for the health, safety, and welfare of consumers; (6) The intent of the general assembly in enacting this part is to protect citizens from excessive and unjustified increases in the prices charged during or shortly after an abnormal economic disruption for goods and services that are vital or necessary for the consumer. Further, it is the intent of the general assembly that this part be liberally construed so that its beneficial purposes may be served. Amended by 2018 Tenn. Acts, ch. 624,Secs.s1, s2 eff. 4/2/2018. Acts 2002, ch. 807, § 2.
The general assembly finds and declares that:
(1) The threats of terrorism are real and could impose horrific social and economic damage on Tennessee;
(2) Terrorist attacks can dismantle the stability of markets and free trade;
(3) Pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, but when an abnormal economic disruption for goods and services results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of consumer goods and services should be discouraged;
(4) Because of the September 11, 2001, terrorist attacks that took place in New York and Arlington, Virginia, some businesses across Tennessee engaged in the economic practice commonly known as price-gouging;
(5) Protecting the public from price-gouging is a vital function of state government in providing for the health, safety, and welfare of consumers;
(6) The intent of the general assembly in enacting this part is to protect citizens from excessive and unjustified increases in the prices charged during or shortly after an abnormal economic disruption for goods and services that are vital or necessary for the consumer. Further, it is the intent of the general assembly that this part be liberally construed so that its beneficial purposes may be served.
Amended by 2018 Tenn. Acts, ch. 624,Secs.s1, s2 eff. 4/2/2018.
Acts 2002, ch. 807, § 2.
Tenn. Code Ann. § 47-18-309 — TN Code / Title 47 / Chapter 18 / Section 47-18-309
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 7, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339, s 15, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 339, s 14, eff. 7/1/2015. Acts 1989, ch. 460, § 2; 1996, ch. 929, § 11; 2008 , ch. 771, § 2.
Repealed by 2016 Tenn. Acts, ch. 858, s 7, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339, s 15, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 339, s 14, eff. 7/1/2015.
Acts 1989, ch. 460, § 2; 1996, ch. 929, § 11; 2008 , ch. 771, § 2.
Tenn. Code Ann. § 47-2a-404 — TN Code / Title 47 / Chapter 2a / Section 47-2a-404
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-404 - Substituted performance
Status: in_force

(1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation: (a) the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and (b) if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory. Acts 1993, ch. 398, § 1.
(1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation: (a) the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and (b) if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.
(a) the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
(b) if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-5531 — TN Code / Title 47 / Chapter 18 / Section 47-18-5531
Liability for the conduct of other persons
Status: in_force

If a provider delegates any of its duties or obligations under an agreement or this part to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this part. Acts 2009, ch. 469, § 1.
If a provider delegates any of its duties or obligations under an agreement or this part to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this part.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-9-708 — TN Code / Title 47 / Chapter 9 / Section 47-9-708
Persons entitled to file initial financing statement or continuation statement
Status: in_force

A person may file an initial financing statement or a continuation statement under this part if: (1) the secured party of record authorizes the filing; and (2) the filing is necessary under this part: (A) to continue the effectiveness of a financing statement filed before July 1, 2001; or (B) to perfect or continue the perfection of a security interest. Acts 2000, ch. 846, § 1.
A person may file an initial financing statement or a continuation statement under this part if:
(1) the secured party of record authorizes the filing; and
(2) the filing is necessary under this part: (A) to continue the effectiveness of a financing statement filed before July 1, 2001; or (B) to perfect or continue the perfection of a security interest.
(A) to continue the effectiveness of a financing statement filed before July 1, 2001; or
(B) to perfect or continue the perfection of a security interest.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-22-302 — TN Code / Title 47 / Chapter 22 / Section 47-22-302
Records that are considered records of regularly conducted activity for evidentiary purposes
Status: in_force

(a) A creditor's records shall include, but are not limited to, written or electronic records of an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and such records are: (1) Incorporated as a business duty into the records of the creditor's regularly maintained records; and (2) Relied upon in the creditor's regularly conducted business activity. (b) (1) Except as provided in subdivision (b)(2), records described in subsection (a) shall be considered records of the creditor and the creditor's records custodian may testify with respect to such records as if they are records of the creditor. (2) Subdivision (b)(1) shall not apply if the source of information or the method or circumstances of preparation indicate the records described in subsection (a) lack trustworthiness. (c) The records described in this section may be submitted as records of regularly conducted activity pursuant to Rule 803(6) of the Tennessee Rules of Evidence. Added by 2013 Tenn. Acts, ch. 186,s 1, eff. 7/1/2013.
(a) A creditor's records shall include, but are not limited to, written or electronic records of an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and such records are: (1) Incorporated as a business duty into the records of the creditor's regularly maintained records; and (2) Relied upon in the creditor's regularly conducted business activity.
(1) Incorporated as a business duty into the records of the creditor's regularly maintained records; and
(2) Relied upon in the creditor's regularly conducted business activity.
(b) (1) Except as provided in subdivision (b)(2), records described in subsection (a) shall be considered records of the creditor and the creditor's records custodian may testify with respect to such records as if they are records of the creditor. (2) Subdivision (b)(1) shall not apply if the source of information or the method or circumstances of preparation indicate the records described in subsection (a) lack trustworthiness.
(1) Except as provided in subdivision (b)(2), records described in subsection (a) shall be considered records of the creditor and the creditor's records custodian may testify with respect to such records as if they are records of the creditor.
(2) Subdivision (b)(1) shall not apply if the source of information or the method or circumstances of preparation indicate the records described in subsection (a) lack trustworthiness.
(c) The records described in this section may be submitted as records of regularly conducted activity pursuant to Rule 803(6) of the Tennessee Rules of Evidence.
Added by 2013 Tenn. Acts, ch. 186,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 47-18-1612 — TN Code / Title 47 / Chapter 18 / Section 47-18-1612
[Renumbered]
Status: repealed

Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 47-9-510 — TN Code / Title 47 / Chapter 9 / Section 47-9-510
Effectiveness of filed record
Status: in_force

(a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under § 47-9-509 . (b) Authorization by one (1) secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by § 47-9-515(d) is ineffective. Acts 2000, ch. 846, § 1.
(a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under § 47-9-509 .
(b) Authorization by one (1) secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by § 47-9-515(d) is ineffective.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-306 — TN Code / Title 47 / Chapter 9 / Section 47-9-306
Law governing perfection and priority of security interests in letter-of-credit rights
Status: in_force

(a) Governing law: issuer's or nominated person's jurisdiction. Subject to subsection (c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state. (b) Issuer's or nominated person's jurisdiction. For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in § 47-5-116 . (c) When section not applicable. This section does not apply to a security interest that is perfected only under § 47-9-308(d) . Acts 2000, ch. 846, § 1.
(a) Governing law: issuer's or nominated person's jurisdiction. Subject to subsection (c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state.
(b) Issuer's or nominated person's jurisdiction. For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in § 47-5-116 .
(c) When section not applicable. This section does not apply to a security interest that is perfected only under § 47-9-308(d) .
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-504 — TN Code / Title 47 / Chapter 9 / Section 47-9-504
Indication of collateral
Status: in_force

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (1) a description of the collateral pursuant to § 47-9-108 ; or (2) an indication that the financing statement covers all assets or all personal property. Acts 2000, ch. 846, § 1.
A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) a description of the collateral pursuant to § 47-9-108 ; or
(2) an indication that the financing statement covers all assets or all personal property.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-303 — TN Code / Title 47 / Chapter 18 / Section 47-18-303
Unenforceable health club agreements
Status: in_force

A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if: (1) The buyer entered into the agreement in reliance upon any false, deceptive, or misleading information, representation, notice, or advertisement; or (2) [Deleted by 2016 amendment.] (3) The agreement fails to conform with this part. Amended by 2016 Tenn. Acts, ch. 858,s 18, eff. 7/1/2016. Acts 1984, ch. 630, § 3; 1986, ch. 894, § 2; 1989, ch. 460, §§ 5, 6; 1996, ch. 929, § 3.
A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:
(1) The buyer entered into the agreement in reliance upon any false, deceptive, or misleading information, representation, notice, or advertisement; or
(2) [Deleted by 2016 amendment.]
(3) The agreement fails to conform with this part.
Amended by 2016 Tenn. Acts, ch. 858,s 18, eff. 7/1/2016.
Acts 1984, ch. 630, § 3; 1986, ch. 894, § 2; 1989, ch. 460, §§ 5, 6; 1996, ch. 929, § 3.
Tenn. Code Ann. § 47-18-3312 — TN Code / Title 47 / Chapter 18 / Section 47-18-3312
[Effective 7/1/2025] Contracts
Status: in_force

(a) A provision of a contract or agreement that waives or limits a consumer's rights under this part, including, but not limited to, a right to a remedy or means of enforcement, is contrary to public policy, void, and unenforceable. (b) This part does not prevent a consumer from declining to request information from a controller, declining to opt out of a controller's sale of the consumer's personal information, or authorizing a controller to sell the consumer's personal information after previously opting out. (c) This part applies to contracts entered into, amended, or renewed on or after July 1, 2025. Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
(a) A provision of a contract or agreement that waives or limits a consumer's rights under this part, including, but not limited to, a right to a remedy or means of enforcement, is contrary to public policy, void, and unenforceable.
(b) This part does not prevent a consumer from declining to request information from a controller, declining to opt out of a controller's sale of the consumer's personal information, or authorizing a controller to sell the consumer's personal information after previously opting out.
(c) This part applies to contracts entered into, amended, or renewed on or after July 1, 2025.
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-18-606 — TN Code / Title 47 / Chapter 18 / Section 47-18-606
Prohibited terms of agreement
Status: in_force

A rental-purchase agreement may not contain a provision: (1) Requiring a confession of judgment; (2) Requiring a garnishment of wages; (3) Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commit any breach of the peace in the repossession of goods; (4) Requiring the consumer to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf in collection of payment under the lease or in the repossession of goods; or (5) Requiring purchase of insurance from the lessor to cover the merchandise. Acts 1987, ch. 225, § 7.
A rental-purchase agreement may not contain a provision:
(1) Requiring a confession of judgment;
(2) Requiring a garnishment of wages;
(3) Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commit any breach of the peace in the repossession of goods;
(4) Requiring the consumer to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf in collection of payment under the lease or in the repossession of goods; or
(5) Requiring purchase of insurance from the lessor to cover the merchandise.
Acts 1987, ch. 225, § 7.
Tenn. Code Ann. § 47-18-5504 — TN Code / Title 47 / Chapter 18 / Section 47-18-5504
Registration required - Maintenance and publication of list of registered providers
Status: in_force

(a) Except as otherwise provided in subsection (b), a provider may not provide debt-management services to an individual whom the provider reasonably should know resides in this state at the time the provider agrees to provide the services, unless the provider is registered under this part. (b) If a provider is registered under this part, subsection (a) does not apply to an employee or agent of the provider. (c) The administrator shall maintain and publicize a list of the names of all registered providers. Acts 2009, ch. 469, § 1.
(a) Except as otherwise provided in subsection (b), a provider may not provide debt-management services to an individual whom the provider reasonably should know resides in this state at the time the provider agrees to provide the services, unless the provider is registered under this part.
(b) If a provider is registered under this part, subsection (a) does not apply to an employee or agent of the provider.
(c) The administrator shall maintain and publicize a list of the names of all registered providers.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-307 — TN Code / Title 47 / Chapter 25 / Section 47-25-307
Combined sales, coupon offers, etc
Status: in_force

In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupons or otherwise), the retailer's selling price shall not be below the cost to the retailer of all articles, products, commodities, and concessions included in such transactions. Acts 1949, ch. 68, § 13; C. Supp. 1950, § 6770.23 (Williams, § 6770.56); T.C.A. (orig. ed.), § 69-410; T.C.A. (orig. ed.), § 47-25-310 ; Acts 1998, ch. 768, § 1.
In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupons or otherwise), the retailer's selling price shall not be below the cost to the retailer of all articles, products, commodities, and concessions included in such transactions.
Acts 1949, ch. 68, § 13; C. Supp. 1950, § 6770.23 (Williams, § 6770.56); T.C.A. (orig. ed.), § 69-410; T.C.A. (orig. ed.), § 47-25-310 ; Acts 1998, ch. 768, § 1.
Tenn. Code Ann. § 47-2a-514 — TN Code / Title 47 / Chapter 2a / Section 47-2a-514
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-514 - Waiver of lessee's objections
Status: in_force

(1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default: (a) if, stated seasonably, the lessor or the supplier could have cured it (§ 47-2A-513 ); or (b) between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents. Acts 1993, ch. 398, § 1; 2008 , ch. 814, § 18.
(1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default: (a) if, stated seasonably, the lessor or the supplier could have cured it (§ 47-2A-513 ); or (b) between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(a) if, stated seasonably, the lessor or the supplier could have cured it (§ 47-2A-513 ); or
(b) between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.
(2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.
Acts 1993, ch. 398, § 1; 2008 , ch. 814, § 18.
Tenn. Code Ann. § 47-25-1804 — TN Code / Title 47 / Chapter 25 / Section 47-25-1804
Compensation
Status: in_force

Warranty work performed by a retailer shall be compensated in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions thereof multiplied by the retailer's established customer hourly retail labor rate, which shall have previously been made known to the supplier. Acts 2001, ch. 425, § 1.
Warranty work performed by a retailer shall be compensated in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions thereof multiplied by the retailer's established customer hourly retail labor rate, which shall have previously been made known to the supplier.
Acts 2001, ch. 425, § 1.
Tenn. Code Ann. § 47-30-112 — TN Code / Title 47 / Chapter 30 / Section 47-30-112
Borrower's default - Terms and conditions
Status: in_force

A reverse mortgage loan contract may provide for a borrower's default, thereby triggering early repayment of the loan, based only upon one (1) or more of the following terms and conditions: (1) The borrower fails to maintain the residence as required by the contract; (2) The borrower sells or otherwise conveys title to the home to a third party; (3) The borrower dies and the home is not the principal residence of the surviving borrower; (4) The home is not the principal residence of at least one (1) of the borrowers for a period of twelve (12) consecutive months for reasons of physical or mental illness; (5) For reasons other than physical or mental illness, the home ceases, without prior written permission from the lender, to be the principal residence of the borrower for a period of ninety (90) consecutive days and is not the principal residence during such period of another borrower under the loan; (6) The borrower fails to pay property taxes, hazard insurance premiums, mortgage insurance premiums, service fees or assessments under § 47-30-106 ; or (7) The mortgage or deed of trust ceases to constitute a first lien on the property securing the reverse mortgage loan. Acts 1993, ch. 410, §13; 1997 , ch. 286, § 10.
A reverse mortgage loan contract may provide for a borrower's default, thereby triggering early repayment of the loan, based only upon one (1) or more of the following terms and conditions:
(1) The borrower fails to maintain the residence as required by the contract;
(2) The borrower sells or otherwise conveys title to the home to a third party;
(3) The borrower dies and the home is not the principal residence of the surviving borrower;
(4) The home is not the principal residence of at least one (1) of the borrowers for a period of twelve (12) consecutive months for reasons of physical or mental illness;
(5) For reasons other than physical or mental illness, the home ceases, without prior written permission from the lender, to be the principal residence of the borrower for a period of ninety (90) consecutive days and is not the principal residence during such period of another borrower under the loan;
(6) The borrower fails to pay property taxes, hazard insurance premiums, mortgage insurance premiums, service fees or assessments under § 47-30-106 ; or
(7) The mortgage or deed of trust ceases to constitute a first lien on the property securing the reverse mortgage loan.
Acts 1993, ch. 410, §13; 1997 , ch. 286, § 10.
Tenn. Code Ann. § 47-9-512 — TN Code / Title 47 / Chapter 9 / Section 47-9-512
Amendment of financing statement
Status: in_force

(a) Amendment of information in financing statement. Subject to § 47-9-509 , a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information provided in a financing statement by filing an amendment that: (1) identifies, by its file number, the initial financing statement to which the amendment relates; and (2) if the amendment relates to an initial financing statement filed or recorded in a filing office described in § 47-9-501(a)(1) , provides the information specified in § 47-9-502(b) . (b) Period of effectiveness not affected. Except as otherwise provided in § 47-9-515 , the filing of an amendment does not extend the period of effectiveness of the financing statement. (c) Effectiveness of amendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment. (d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment. (e) Certain amendments ineffective. An amendment is ineffective to the extent it: (1) purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or (2) purports to delete all secured parties of record and fails to provide the name of a new secured party of record. Acts 2000, ch. 846, § 1.
(a) Amendment of information in financing statement. Subject to § 47-9-509 , a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information provided in a financing statement by filing an amendment that: (1) identifies, by its file number, the initial financing statement to which the amendment relates; and (2) if the amendment relates to an initial financing statement filed or recorded in a filing office described in § 47-9-501(a)(1) , provides the information specified in § 47-9-502(b) .
(1) identifies, by its file number, the initial financing statement to which the amendment relates; and
(2) if the amendment relates to an initial financing statement filed or recorded in a filing office described in § 47-9-501(a)(1) , provides the information specified in § 47-9-502(b) .
(b) Period of effectiveness not affected. Except as otherwise provided in § 47-9-515 , the filing of an amendment does not extend the period of effectiveness of the financing statement.
(c) Effectiveness of amendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(e) Certain amendments ineffective. An amendment is ineffective to the extent it: (1) purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or (2) purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
(1) purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or
(2) purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-401 — TN Code / Title 47 / Chapter 9 / Section 47-9-401
Alienability of debtor's rights
Status: in_force

(a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and § 47-9-406 , § 47-9-407 , § 47-9-408 , and § 47-9-409 , whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter. (b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect. Acts 2000, ch. 846, § 1.
(a) Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) and § 47-9-406 , § 47-9-407 , § 47-9-408 , and § 47-9-409 , whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter.
(b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-4-402 — TN Code / Title 47 / Chapter 4 / Section 47-4-402
Bank's liability to customer for wrongful dishonor - Time of determining insufficiency of account
Status: in_force

(a) Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. (c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful. Acts 1963, ch. 81, § 1 (4-402); 1995, ch. 397, § 3.
(a) Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.
(b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.
(c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.
Acts 1963, ch. 81, § 1 (4-402); 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-4-104 — TN Code / Title 47 / Chapter 4 / Section 47-4-104
Definitions and index of definitions
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day between twelve o'clock noon (12:00 noon) and twelve o'clock midnight (12:00 midnight); (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, except that any day that is not a banking day for purposes of federal reserve regulations, Regulation CC ( 12 C.F.R. 229.1 , et seq., as may be amended from time to time) shall not be a banking day for purposes of this chapter or chapter 3 of this title; (4) "Clearing house" means an association of banks or other payors regularly clearing items; (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank; (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 47-8-102 ) or instructions for uncertificated securities (§ 47-8-102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft; (7) "Draft" means a draft as defined in § 47-3-104 or an item, other than an instrument, that is an order; (8) "Drawee" means a person ordered in a draft to make payments; (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 4A of this title or a credit or debit card slip; (10) "Midnight (12:00 midnight) deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; (11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final; and (12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business. (b) Other definitions applying to this chapter and the sections in which they appear are: "Agreement for electronic presentment." § 47-4-110 ; "Bank." § 47-4-105 ; "Collecting bank." § 47-4-105 ; "Depositary bank." § 47-4-105 ; "Intermediary bank." § 47-4-105 ; "Payor bank." § 47-4-105 ; "Presenting bank." § 47-4-105 ; and "Presentment notice." § 47-4-110 ; (c) "Control" as provided in § 47-7-106 and the following definitions in other chapters apply to this chapter: "Acceptance." § 47-3-409 ; "Alteration." § 47-3-407 ; "Cashier's check." § 47-3-104 ; "Certificate of deposit." § 47-3-104 ; "Certified check." § 47-3-409 ; "Check." § 47-3-104 ; "Holder in due course." § 47-3-302 ; "Instrument." § 47-3-104 ; "Notice of dishonor." § 47-3-503 ; "Order." § 47-3-103 ; "Ordinary care." § 47-3-103 ; "Person entitled to enforce." § 47-3-301 ; "Presentment." § 47-3-501 ; "Promise." § 47-3-103 ; "Prove." § 47-3-103 ; "Teller's check." § 47-3-104 ; and "Unauthorized signature." § 47-3-403 . (d) In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter. Acts 1963, ch. 81, § 1 (4-104); 1995, ch. 397, § 3; 1997 , ch. 79, § 17; 2003 , ch. 62, § 24; 2008 , ch. 814, § 20.
(a) As used in this chapter, unless the context otherwise requires: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day between twelve o'clock noon (12:00 noon) and twelve o'clock midnight (12:00 midnight); (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, except that any day that is not a banking day for purposes of federal reserve regulations, Regulation CC ( 12 C.F.R. 229.1 , et seq., as may be amended from time to time) shall not be a banking day for purposes of this chapter or chapter 3 of this title; (4) "Clearing house" means an association of banks or other payors regularly clearing items; (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank; (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 47-8-102 ) or instructions for uncertificated securities (§ 47-8-102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft; (7) "Draft" means a draft as defined in § 47-3-104 or an item, other than an instrument, that is an order; (8) "Drawee" means a person ordered in a draft to make payments; (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 4A of this title or a credit or debit card slip; (10) "Midnight (12:00 midnight) deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; (11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final; and (12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
(2) "Afternoon" means the period of a day between twelve o'clock noon (12:00 noon) and twelve o'clock midnight (12:00 midnight);
(3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, except that any day that is not a banking day for purposes of federal reserve regulations, Regulation CC ( 12 C.F.R. 229.1 , et seq., as may be amended from time to time) shall not be a banking day for purposes of this chapter or chapter 3 of this title;
(4) "Clearing house" means an association of banks or other payors regularly clearing items;
(5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 47-8-102 ) or instructions for uncertificated securities (§ 47-8-102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
(7) "Draft" means a draft as defined in § 47-3-104 or an item, other than an instrument, that is an order;
(8) "Drawee" means a person ordered in a draft to make payments;
(9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 4A of this title or a credit or debit card slip;
(10) "Midnight (12:00 midnight) deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;
(11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final; and
(12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(b) Other definitions applying to this chapter and the sections in which they appear are: "Agreement for electronic presentment." § 47-4-110 ; "Bank." § 47-4-105 ; "Collecting bank." § 47-4-105 ; "Depositary bank." § 47-4-105 ; "Intermediary bank." § 47-4-105 ; "Payor bank." § 47-4-105 ; "Presenting bank." § 47-4-105 ; and "Presentment notice." § 47-4-110 ;
"Agreement for electronic presentment." § 47-4-110 ;
"Bank." § 47-4-105 ;
"Collecting bank." § 47-4-105 ;
"Depositary bank." § 47-4-105 ;
"Intermediary bank." § 47-4-105 ;
"Payor bank." § 47-4-105 ;
"Presenting bank." § 47-4-105 ; and
"Presentment notice." § 47-4-110 ;
(c) "Control" as provided in § 47-7-106 and the following definitions in other chapters apply to this chapter: "Acceptance." § 47-3-409 ; "Alteration." § 47-3-407 ; "Cashier's check." § 47-3-104 ; "Certificate of deposit." § 47-3-104 ; "Certified check." § 47-3-409 ; "Check." § 47-3-104 ; "Holder in due course." § 47-3-302 ; "Instrument." § 47-3-104 ; "Notice of dishonor." § 47-3-503 ; "Order." § 47-3-103 ; "Ordinary care." § 47-3-103 ; "Person entitled to enforce." § 47-3-301 ; "Presentment." § 47-3-501 ; "Promise." § 47-3-103 ; "Prove." § 47-3-103 ; "Teller's check." § 47-3-104 ; and "Unauthorized signature." § 47-3-403 .
"Acceptance." § 47-3-409 ;
"Alteration." § 47-3-407 ;
"Cashier's check." § 47-3-104 ;
"Certificate of deposit." § 47-3-104 ;
"Certified check." § 47-3-409 ;
"Check." § 47-3-104 ;
"Holder in due course." § 47-3-302 ;
"Instrument." § 47-3-104 ;
"Notice of dishonor." § 47-3-503 ;
"Order." § 47-3-103 ;
"Ordinary care." § 47-3-103 ;
"Person entitled to enforce." § 47-3-301 ;
"Presentment." § 47-3-501 ;
"Promise." § 47-3-103 ;
"Prove." § 47-3-103 ;
"Teller's check." § 47-3-104 ; and
"Unauthorized signature." § 47-3-403 .
(d) In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Acts 1963, ch. 81, § 1 (4-104); 1995, ch. 397, § 3; 1997 , ch. 79, § 17; 2003 , ch. 62, § 24; 2008 , ch. 814, § 20.
Tenn. Code Ann. § 47-2-614 — TN Code / Title 47 / Chapter 2 / Section 47-2-614
Substituted performance
Status: in_force

(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory. Acts 1963, ch. 81, § 1 (2-614).
(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory.
Acts 1963, ch. 81, § 1 (2-614).
Tenn. Code Ann. § 47-26-1110 — TN Code / Title 47 / Chapter 26 / Section 47-26-1110
Registration fees
Status: in_force

The annual cost to register a serviceperson shall be set by rule pursuant to § 43-1-703 . For each service agency employing more than two (2) registered servicepersons, the annual fee shall be set by rule pursuant to § 43-1-703 . The service agency registration fee shall not exempt the agency or individual from paying the required serviceperson registration fee. If an agency has more than one (1) office or branch, each office or branch shall be licensed in accordance with this section. Amended by 2015 Tenn. Acts, ch. 485,s 29, eff. 7/1/2015. Acts 1997, ch. 311, § 3; 2002, ch. 640, § 22.
The annual cost to register a serviceperson shall be set by rule pursuant to § 43-1-703 . For each service agency employing more than two (2) registered servicepersons, the annual fee shall be set by rule pursuant to § 43-1-703 . The service agency registration fee shall not exempt the agency or individual from paying the required serviceperson registration fee. If an agency has more than one (1) office or branch, each office or branch shall be licensed in accordance with this section.
Amended by 2015 Tenn. Acts, ch. 485,s 29, eff. 7/1/2015.
Acts 1997, ch. 311, § 3; 2002, ch. 640, § 22.
Tenn. Code Ann. § 47-9-301 — TN Code / Title 47 / Chapter 9 / Section 47-9-301
Law governing perfection and priority of security interests
Status: in_force

Except as otherwise provided in §§ 47-9-303 through 47-9-306 , the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral. (2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral. (3) Except as otherwise provided in paragraph (4), while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs: (A) perfection of a security interest in the goods by filing a fixture filing; (B) perfection of a security interest in timber to be cut; and (C) the effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral. (4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral. Acts 2000, ch. 846, § 1; 2008 , ch. 814, § 29.
Except as otherwise provided in §§ 47-9-303 through 47-9-306 , the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
(2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.
(3) Except as otherwise provided in paragraph (4), while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs: (A) perfection of a security interest in the goods by filing a fixture filing; (B) perfection of a security interest in timber to be cut; and (C) the effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(A) perfection of a security interest in the goods by filing a fixture filing;
(B) perfection of a security interest in timber to be cut; and
(C) the effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
Acts 2000, ch. 846, § 1; 2008 , ch. 814, § 29.
Tenn. Code Ann. § 47-26-1107 — TN Code / Title 47 / Chapter 26 / Section 47-26-1107
Placed in service reports, equipment rejection/violation notices, reporting of service work
Status: in_force

(a) The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as "Placed In Service Report." Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by the registered serviceperson who installed the device. This form shall be completed accurately and in its entirety immediately after a new or used device is placed in service, with the original of the properly executed placed in service report to be forwarded to the state weights and measures office within twenty-four (24) hours. The duplicate copy of the report shall be given to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered serviceperson or agency. This is the only acceptable form for reporting the installation of new or used weighing and measuring devices. (b) It is the responsibility of any registered or unregistered person or agency that sells or conveys a weighing or measuring device to an individual or establishment in this state, that will be used for commercial purposes, to complete and forward a placed in service report to the state weights and measures office as outlined in subsection (a). The placed in service report shall be completed and forwarded to the state weights and measures office regardless of whether the device is installed and/or calibrated on site by Handbook 44 procedures or factory calibrated and transported to its location for use without any additional installation or calibration procedures. (c) A registered serviceperson shall complete accurately and in its entirety, the official notice of equipment rejection/violation, or similar form, left at an establishment where a weighing or measuring device has been rejected or found in violation by a state weights and measures official. This form must be returned to the state weights and measures office within twenty-four (24) hours, together with any official rejection tag(s) removed from the device(s) after the device(s) has been brought into compliance. (d) The commissioner, as the commissioner deems appropriate, may require the reporting or notification by a registered serviceperson or agency of any routine or non-routine service work performed on commercial weighing or measuring devices. Such reporting or notification shall be in a format and on a timeframe as designated by the commissioner. Acts 1997, ch. 311, § 3.
(a) The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as "Placed In Service Report." Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by the registered serviceperson who installed the device. This form shall be completed accurately and in its entirety immediately after a new or used device is placed in service, with the original of the properly executed placed in service report to be forwarded to the state weights and measures office within twenty-four (24) hours. The duplicate copy of the report shall be given to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered serviceperson or agency. This is the only acceptable form for reporting the installation of new or used weighing and measuring devices.
(b) It is the responsibility of any registered or unregistered person or agency that sells or conveys a weighing or measuring device to an individual or establishment in this state, that will be used for commercial purposes, to complete and forward a placed in service report to the state weights and measures office as outlined in subsection (a). The placed in service report shall be completed and forwarded to the state weights and measures office regardless of whether the device is installed and/or calibrated on site by Handbook 44 procedures or factory calibrated and transported to its location for use without any additional installation or calibration procedures.
(c) A registered serviceperson shall complete accurately and in its entirety, the official notice of equipment rejection/violation, or similar form, left at an establishment where a weighing or measuring device has been rejected or found in violation by a state weights and measures official. This form must be returned to the state weights and measures office within twenty-four (24) hours, together with any official rejection tag(s) removed from the device(s) after the device(s) has been brought into compliance.
(d) The commissioner, as the commissioner deems appropriate, may require the reporting or notification by a registered serviceperson or agency of any routine or non-routine service work performed on commercial weighing or measuring devices. Such reporting or notification shall be in a format and on a timeframe as designated by the commissioner.
Acts 1997, ch. 311, § 3.
Tenn. Code Ann. § 47-5-104 — TN Code / Title 47 / Chapter 5 / Section 47-5-104
Formal requirements
Status: in_force

A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated: (i) by a signature; or (ii) in accordance with the agreement of the parties or the standard practice referred to in § 47-5-108(e) . Acts 1998, ch. 675, § 1.
A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a record and is authenticated:
(i) by a signature; or
(ii) in accordance with the agreement of the parties or the standard practice referred to in § 47-5-108(e) .
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-14-114 — TN Code / Title 47 / Chapter 14 / Section 47-14-114
Actions to recover excess loan charges, commitment fees, or brokerage commissions
Status: in_force

If loan charges, commitment fees, or brokerage commissions in excess of those authorized have been paid, the amount of such excess charges, fees, or commissions, may be recovered by action brought by the person paying such excess amounts. Acts 1979, ch. 203, § 13.
If loan charges, commitment fees, or brokerage commissions in excess of those authorized have been paid, the amount of such excess charges, fees, or commissions, may be recovered by action brought by the person paying such excess amounts.
Acts 1979, ch. 203, § 13.
Tenn. Code Ann. § 47-2-508 — TN Code / Title 47 / Chapter 2 / Section 47-2-508
Cure by seller of improper tender or delivery - Replacement
Status: in_force

(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender. Acts 1963, ch. 81, § 1 (2-508).
(1) Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery.
(2) Where the buyer rejects a nonconforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender.
Acts 1963, ch. 81, § 1 (2-508).
Tenn. Code Ann. § 47-8-109 — TN Code / Title 47 / Chapter 8 / Section 47-8-109
Warranties in indirect holding
Status: in_force

(a) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that: (1) the entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and (2) there is no adverse claim to the security entitlement. (b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in § 47-8-108(a) or (b) . (c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in § 47-8-108(a) or (b) . Acts 1997, ch. 79, § 1.
(a) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that: (1) the entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and (2) there is no adverse claim to the security entitlement.
(1) the entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and
(2) there is no adverse claim to the security entitlement.
(b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in § 47-8-108(a) or (b) .
(c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in § 47-8-108(a) or (b) .
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-7-404 — TN Code / Title 47 / Chapter 7 / Section 47-7-404
No liability for good-faith delivery pursuant to document of title
Status: in_force

A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this chapter is not liable for the goods even if: (1) The person from which the bailee received the goods did not have authority to procure the document or to dispose of the goods; or (2) The person to which the bailee delivered the goods did not have authority to receive the goods. Acts 2008, ch. 814, § 1.
A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of a document of title or pursuant to this chapter is not liable for the goods even if:
(1) The person from which the bailee received the goods did not have authority to procure the document or to dispose of the goods; or
(2) The person to which the bailee delivered the goods did not have authority to receive the goods.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-18-119 — TN Code / Title 47 / Chapter 18 / Section 47-18-119
New passenger motor vehicle
Status: in_force

For the purposes of § 47-18-104(b)(6) , any passenger motor vehicle which meets the requirements of the definition for a new passenger car in § 55-5-106(e)(5) shall be construed to be new. Acts 1990, ch. 798, § 1.
For the purposes of § 47-18-104(b)(6) , any passenger motor vehicle which meets the requirements of the definition for a new passenger car in § 55-5-106(e)(5) shall be construed to be new.
Acts 1990, ch. 798, § 1.
Tenn. Code Ann. § 47-4a-503 — TN Code / Title 47 / Chapter 4a / Section 47-4a-503
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 5 - MISCELLANEOUS PROVISIONS (§§ 47-4A-501 — 47-4A-507) Section 47-4A-503 - Injunction or restraining order with respect to funds transfer
Status: in_force

For proper cause and in compliance with applicable law, a court may restrain: (i) A person from issuing a payment order to initiate a funds transfer; (ii) An originator's bank from executing the payment order of the originator; or (iii) The beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer. Acts 1991, ch. 52, § 1.
For proper cause and in compliance with applicable law, a court may restrain:
(i) A person from issuing a payment order to initiate a funds transfer;
(ii) An originator's bank from executing the payment order of the originator; or
(iii) The beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds.
A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-3101 — TN Code / Title 47 / Chapter 18 / Section 47-18-3101
Part definitions
Status: in_force

As used in this part: (1) "Authorized dealer" means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery; (2) "Clear title" means legal ownership free from a perfected security interest or other perfected lien; (3) "Comparable farm machinery" means an identical or substantially similar replacement piece of farm machinery; (4) "Consumer" means: (A) A person who purchases or leases a piece of new farm machinery for purposes other than resale; or (B) A person entitled to enforce the obligations of a warranty during the quality assurance period; (5) "Distributor" means any person who sells or distributes new and unused farm machinery to authorized dealers; (6) "Express warranty" has the same meaning as described in § 47-2-313 ; (7) "Farm machinery": (A) Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and (B) Does not include an off-highway vehicle as defined in § 55-8-101(12) and (13) , an all-terrain vehicle as defined in § 55-8-101(1) , lawn tractors, or lawn mowers; (8) "Full purchase price" means the cost paid by a consumer, including any collateral charge; (9) "Manufacturer" means a person who manufactures, assembles, or imports new farm machinery; (10) "Manufacturer's warranty" means a warranty given by the manufacturer of farm machinery against defects in the components and workmanship and a promise to cure defects; (11) "Nonconformity" means any defect or condition affecting a piece of farm machinery that: (A) Does not conform with the terms of an express warranty issued by a manufacturer to a consumer; (B) Significantly impairs the use, value, or safe operation of the farm machinery; or (C) Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer's operator manual or maintenance recommendations; (12) "Person" means a natural person, partnership, corporation, association, trust, estate, or other legal entity; (13) "Quality assurance period" means the earliest of the following: (A) Twelve (12) months after the date of delivery of new farm machinery to a consumer; (B) Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or (C) After the first six hundred (600) hours of operation of the farm machinery by a consumer; (14) "Reasonable allowance for use" means an amount attributable to use by a consumer: (A) Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer; (B) During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or (C) Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery; (15) "Reasonable number of repair attempts" means: (A) Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery; or (B) Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and (16) "Seller": (A) Means a person who sells, or contracts to sell, farm machinery at retail; and (B) Includes an authorized dealer, distributor, or manufacturer. Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
As used in this part:
(1) "Authorized dealer" means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery;
(2) "Clear title" means legal ownership free from a perfected security interest or other perfected lien;
(3) "Comparable farm machinery" means an identical or substantially similar replacement piece of farm machinery;
(4) "Consumer" means: (A) A person who purchases or leases a piece of new farm machinery for purposes other than resale; or (B) A person entitled to enforce the obligations of a warranty during the quality assurance period;
(A) A person who purchases or leases a piece of new farm machinery for purposes other than resale; or
(B) A person entitled to enforce the obligations of a warranty during the quality assurance period;
(5) "Distributor" means any person who sells or distributes new and unused farm machinery to authorized dealers;
(6) "Express warranty" has the same meaning as described in § 47-2-313 ;
(7) "Farm machinery": (A) Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and (B) Does not include an off-highway vehicle as defined in § 55-8-101(12) and (13) , an all-terrain vehicle as defined in § 55-8-101(1) , lawn tractors, or lawn mowers;
(A) Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and
(B) Does not include an off-highway vehicle as defined in § 55-8-101(12) and (13) , an all-terrain vehicle as defined in § 55-8-101(1) , lawn tractors, or lawn mowers;
(8) "Full purchase price" means the cost paid by a consumer, including any collateral charge;
(9) "Manufacturer" means a person who manufactures, assembles, or imports new farm machinery;
(10) "Manufacturer's warranty" means a warranty given by the manufacturer of farm machinery against defects in the components and workmanship and a promise to cure defects;
(11) "Nonconformity" means any defect or condition affecting a piece of farm machinery that: (A) Does not conform with the terms of an express warranty issued by a manufacturer to a consumer; (B) Significantly impairs the use, value, or safe operation of the farm machinery; or (C) Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer's operator manual or maintenance recommendations;
(A) Does not conform with the terms of an express warranty issued by a manufacturer to a consumer;
(B) Significantly impairs the use, value, or safe operation of the farm machinery; or
(C) Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer's operator manual or maintenance recommendations;
(12) "Person" means a natural person, partnership, corporation, association, trust, estate, or other legal entity;
(13) "Quality assurance period" means the earliest of the following: (A) Twelve (12) months after the date of delivery of new farm machinery to a consumer; (B) Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or (C) After the first six hundred (600) hours of operation of the farm machinery by a consumer;
(A) Twelve (12) months after the date of delivery of new farm machinery to a consumer;
(B) Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or
(C) After the first six hundred (600) hours of operation of the farm machinery by a consumer;
(14) "Reasonable allowance for use" means an amount attributable to use by a consumer: (A) Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer; (B) During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or (C) Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery;
(A) Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer;
(B) During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or
(C) Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery;
(15) "Reasonable number of repair attempts" means: (A) Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery; or (B) Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and
(A) Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery; or
(B) Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and
(16) "Seller": (A) Means a person who sells, or contracts to sell, farm machinery at retail; and (B) Includes an authorized dealer, distributor, or manufacturer.
(A) Means a person who sells, or contracts to sell, farm machinery at retail; and
(B) Includes an authorized dealer, distributor, or manufacturer.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 47-18-1503 — TN Code / Title 47 / Chapter 18 / Section 47-18-1503
Registration requirements - Issuance and revocation of permits
Status: in_force

(a) Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this part: (1) Name, address and telephone number of the company or individual utilizing the equipment; (2) Name and address of a designated agent for service of process located in Tennessee for the ADAD operator; (3) A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe. (b) The commission shall promulgate rules and regulations to govern the issuance of and the revocation or suspension of permits for ADAD operators utilizing equipment to call telephone numbers located in Tennessee. (c) Failure to obtain a permit from the commission prior to utilization of ADAD equipment to call numbers located in Tennessee, and failure to abide by commission rules governing ADAD operations is a violation of this part. Amended by 2017 Tenn. Acts, ch. 94,s 37, eff. 4/4/2017. Acts 1990, ch. 874, § 3; 1995, ch. 305, § 104.
(a) Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this part: (1) Name, address and telephone number of the company or individual utilizing the equipment; (2) Name and address of a designated agent for service of process located in Tennessee for the ADAD operator; (3) A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe.
(1) Name, address and telephone number of the company or individual utilizing the equipment;
(2) Name and address of a designated agent for service of process located in Tennessee for the ADAD operator;
(3) A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe.
(b) The commission shall promulgate rules and regulations to govern the issuance of and the revocation or suspension of permits for ADAD operators utilizing equipment to call telephone numbers located in Tennessee.
(c) Failure to obtain a permit from the commission prior to utilization of ADAD equipment to call numbers located in Tennessee, and failure to abide by commission rules governing ADAD operations is a violation of this part.
Amended by 2017 Tenn. Acts, ch. 94,s 37, eff. 4/4/2017.
Acts 1990, ch. 874, § 3; 1995, ch. 305, § 104.
Tenn. Code Ann. § 47-14-101 — TN Code / Title 47 / Chapter 14 / Section 47-14-101
Judgments rendered in dollars and cents
Status: in_force

All verdicts and judgments shall be rendered in dollars and cents, or such parts thereof as the nature of the case may require. Executions thereon, and all bills of costs, shall be issued accordingly. Code 1858, § 1942 (deriv. Acts 1798-1799, ch. 19, § 1); Shan., § 3491; mod. Code 1932, § 7299; T.C.A. (orig. ed.), § 47-1601; Acts 1976, ch. 737, § 1; 1979, ch. 203, § 25.
All verdicts and judgments shall be rendered in dollars and cents, or such parts thereof as the nature of the case may require. Executions thereon, and all bills of costs, shall be issued accordingly.
Code 1858, § 1942 (deriv. Acts 1798-1799, ch. 19, § 1); Shan., § 3491; mod. Code 1932, § 7299; T.C.A. (orig. ed.), § 47-1601; Acts 1976, ch. 737, § 1; 1979, ch. 203, § 25.
Tenn. Code Ann. § 47-25-1208 — TN Code / Title 47 / Chapter 25 / Section 47-25-1208
Disclosures to be printed on cover of contract
Status: in_force

Each and every contract for invention development services shall carry a distinctive and conspicuous cover sheet with the following notice (and no other) imprinted thereon in boldface type of not less than ten (10) point size: "The following disclosures are required by law: You have the right to cancel this contract for any reason at any time within seven (7) days from the date you and the invention developer sign the contract and you receive a fully executed copy of it. To exercise this option, you need only mail or deliver to this invention developer written notice of your cancellation. The method and time for notification is set forth in this contract immediately above the place for your signature. Upon cancellation, the invention developer must return by mail, within five (5) business days, all money paid and all materials provided by you. This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention." Acts 1977, ch. 436, § 5; T.C.A., § 47-20-108.
Each and every contract for invention development services shall carry a distinctive and conspicuous cover sheet with the following notice (and no other) imprinted thereon in boldface type of not less than ten (10) point size:
"The following disclosures are required by law:
You have the right to cancel this contract for any reason at any time within seven (7) days from the date you and the invention developer sign the contract and you receive a fully executed copy of it. To exercise this option, you need only mail or deliver to this invention developer written notice of your cancellation. The method and time for notification is set forth in this contract immediately above the place for your signature. Upon cancellation, the invention developer must return by mail, within five (5) business days, all money paid and all materials provided by you.
This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention."
Acts 1977, ch. 436, § 5; T.C.A., § 47-20-108.
Tenn. Code Ann. § 47-2a-526 — TN Code / Title 47 / Chapter 2a / Section 47-2a-526
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-526 - Lessor's stoppage of delivery in transit or otherwise
Status: in_force

(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies under subdivision (1), the lessor may stop delivery until: (a) receipt of the goods by the lessee; (b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse. (3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages. (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor. Acts 1993, ch. 398, § 1; 2008 , ch. 814, § 19.
(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(2) In pursuing its remedies under subdivision (1), the lessor may stop delivery until: (a) receipt of the goods by the lessee; (b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or (c) such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.
(a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or
(c) such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.
(3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages. (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
(a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Acts 1993, ch. 398, § 1; 2008 , ch. 814, § 19.
Tenn. Code Ann. § 47-18-1803 — TN Code / Title 47 / Chapter 18 / Section 47-18-1803
Administration
Status: in_force

The attorney general shall administer this part. Amended by 2019 Tenn. Acts, ch. 459,s 33, eff. 9/30/2019. Acts 1997, ch. 244, § 3.
The attorney general shall administer this part.
Amended by 2019 Tenn. Acts, ch. 459,s 33, eff. 9/30/2019.
Acts 1997, ch. 244, § 3.
Tenn. Code Ann. § 47-25-113 — TN Code / Title 47 / Chapter 25 / Section 47-25-113
Restriction of patient or patient's representative access to electronic health records prohibited - Penalties
Status: in_force

(a) A business associate shall not enter into a contract with a person or entity that includes terms that restrict a patient or the patient's representative from accessing the patient's electronic health records. Any contract clause or provision that restricts a patient's access to the patient's electronic health records is void and unenforceable. (b) It is an unlawful restraint of trade or commerce for a person to intentionally violate federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103 , and such violations are subject to the same civil and criminal penalties as a violation of § 47-25-101 . Added by 2024 Tenn. Acts, ch. 931,s 3, eff. 5/6/2024.
(a) A business associate shall not enter into a contract with a person or entity that includes terms that restrict a patient or the patient's representative from accessing the patient's electronic health records. Any contract clause or provision that restricts a patient's access to the patient's electronic health records is void and unenforceable.
(b) It is an unlawful restraint of trade or commerce for a person to intentionally violate federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103 , and such violations are subject to the same civil and criminal penalties as a violation of § 47-25-101 .
Added by 2024 Tenn. Acts, ch. 931,s 3, eff. 5/6/2024.
Tenn. Code Ann. § 47-18-205 — TN Code / Title 47 / Chapter 18 / Section 47-18-205
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Acts 1980, ch. 846, § 5; 1999, ch. 114, § 1.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Acts 1980, ch. 846, § 5; 1999, ch. 114, § 1.
Tenn. Code Ann. § 47-2-716 — TN Code / Title 47 / Chapter 2 / Section 47-2-716
Buyer's right to specific performance or replevin
Status: in_force

(1) Specific performance may be decreed where the goods are unique or in other proper circumstances. (2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just. (3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not been repudiated or failed to deliver. Acts 1963, ch. 81, § 1 (2-716); 2000, ch. 846, § 8.
(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not been repudiated or failed to deliver.
Acts 1963, ch. 81, § 1 (2-716); 2000, ch. 846, § 8.
Tenn. Code Ann. § 47-18-401 — TN Code / Title 47 / Chapter 18 / Section 47-18-401
Short title
Status: in_force

This part shall be known and may be cited as the "True Origin of Goods Act." Acts 2014, ch. 595, § 1.
This part shall be known and may be cited as the "True Origin of Goods Act."
Acts 2014, ch. 595, § 1.
Tenn. Code Ann. § 47-25-1509 — TN Code / Title 47 / Chapter 25 / Section 47-25-1509
Actions for damages or equitable relief
Status: in_force

Notwithstanding the terms of any franchise, agreement, waiver or other written instrument, any person who is injured by a violation of this part may bring an action for damages and equitable relief, including injunctive relief, reasonable attorney's fees and costs in any court of competent jurisdiction in Tennessee. Acts 1989, ch. 392, § 9.
Notwithstanding the terms of any franchise, agreement, waiver or other written instrument, any person who is injured by a violation of this part may bring an action for damages and equitable relief, including injunctive relief, reasonable attorney's fees and costs in any court of competent jurisdiction in Tennessee.
Acts 1989, ch. 392, § 9.
Tenn. Code Ann. § 47-4a-205 — TN Code / Title 47 / Chapter 4a / Section 47-4a-205
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 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-205 - Erroneous payment orders
Status: in_force

(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order: (i) Erroneously instructed payment to a beneficiary not intended by the sender; (ii) Erroneously instructed payment in an amount greater than the amount intended by the sender; or (iii) Was an erroneously transmitted duplicate of a payment order previously sent by the sender; The following rules apply: (1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § 47-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (a)(2) and (3). (2) If the funds transfer is completed on the basis of an erroneous payment order described in subdivision (a)(i) or (iii), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution; and (3) If the funds transfer is completed on the basis of a payment order described in subdivision (a)(ii), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution. (b) If: (i) The sender of an erroneous payment order described in subsection (a) is not obliged to pay all or part of the order; and (ii) The sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order; The sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety (90) days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order. (c) This section applies to amendments to payment orders to the same extent it applies to payment orders. Acts 1991, ch. 52, § 1.
(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order: (i) Erroneously instructed payment to a beneficiary not intended by the sender; (ii) Erroneously instructed payment in an amount greater than the amount intended by the sender; or (iii) Was an erroneously transmitted duplicate of a payment order previously sent by the sender; The following rules apply: (1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § 47-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (a)(2) and (3). (2) If the funds transfer is completed on the basis of an erroneous payment order described in subdivision (a)(i) or (iii), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution; and (3) If the funds transfer is completed on the basis of a payment order described in subdivision (a)(ii), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
(i) Erroneously instructed payment to a beneficiary not intended by the sender;
(ii) Erroneously instructed payment in an amount greater than the amount intended by the sender; or
(iii) Was an erroneously transmitted duplicate of a payment order previously sent by the sender; The following rules apply: (1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § 47-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (a)(2) and (3). (2) If the funds transfer is completed on the basis of an erroneous payment order described in subdivision (a)(i) or (iii), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution; and (3) If the funds transfer is completed on the basis of a payment order described in subdivision (a)(ii), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
The following rules apply:
(1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to § 47-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (a)(2) and (3).
(2) If the funds transfer is completed on the basis of an erroneous payment order described in subdivision (a)(i) or (iii), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution; and
(3) If the funds transfer is completed on the basis of a payment order described in subdivision (a)(ii), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
(b) If: (i) The sender of an erroneous payment order described in subsection (a) is not obliged to pay all or part of the order; and (ii) The sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order; The sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety (90) days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.
(i) The sender of an erroneous payment order described in subsection (a) is not obliged to pay all or part of the order; and
(ii) The sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order; The sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety (90) days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.
The sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety (90) days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.
(c) This section applies to amendments to payment orders to the same extent it applies to payment orders.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-30-110 — TN Code / Title 47 / Chapter 30 / Section 47-30-110
Lender to provide borrower with name of agent to answer inquiries - Annual statement of account
Status: in_force

(a) At the closing of the reverse mortgage loan, the lender shall provide to the borrower the name of the lender's employee or agent who has been designated specifically to respond to inquiries concerning reverse mortgage loans. This information shall be provided by the lender to the borrower at least annually, and whenever the information concerning the designated employee or agent changes. (b) On an annual basis and when the loan becomes due, the lender shall issue to the borrower, without charge, a statement of account regarding the activity of the mortgage for the preceding calendar year, or for the period since the last statement of account was provided. The statement shall include all of the following information for the preceding year: (1) The outstanding balance of the loan at the beginning of the statement period; (2) Disbursements to the borrower; (3) The total amount of interest added to the outstanding balance of the loan; (4) Any property taxes, hazard insurance premiums, mortgage insurance premiums, or assessments paid by the lender; (5) Payments made to the lender; (6) The total mortgage balance owed to date; and (7) The remaining amount available to the borrower in reverse mortgage loans wherein proceeds have been reserved to be disbursed in one (1) or more lump sum amounts. Acts 1993, ch. 410, § 11.
(a) At the closing of the reverse mortgage loan, the lender shall provide to the borrower the name of the lender's employee or agent who has been designated specifically to respond to inquiries concerning reverse mortgage loans. This information shall be provided by the lender to the borrower at least annually, and whenever the information concerning the designated employee or agent changes.
(b) On an annual basis and when the loan becomes due, the lender shall issue to the borrower, without charge, a statement of account regarding the activity of the mortgage for the preceding calendar year, or for the period since the last statement of account was provided. The statement shall include all of the following information for the preceding year: (1) The outstanding balance of the loan at the beginning of the statement period; (2) Disbursements to the borrower; (3) The total amount of interest added to the outstanding balance of the loan; (4) Any property taxes, hazard insurance premiums, mortgage insurance premiums, or assessments paid by the lender; (5) Payments made to the lender; (6) The total mortgage balance owed to date; and (7) The remaining amount available to the borrower in reverse mortgage loans wherein proceeds have been reserved to be disbursed in one (1) or more lump sum amounts.
(1) The outstanding balance of the loan at the beginning of the statement period;
(2) Disbursements to the borrower;
(3) The total amount of interest added to the outstanding balance of the loan;
(4) Any property taxes, hazard insurance premiums, mortgage insurance premiums, or assessments paid by the lender;
(5) Payments made to the lender;
(6) The total mortgage balance owed to date; and
(7) The remaining amount available to the borrower in reverse mortgage loans wherein proceeds have been reserved to be disbursed in one (1) or more lump sum amounts.
Acts 1993, ch. 410, § 11.
Tenn. Code Ann. § 47-26-1018 — TN Code / Title 47 / Chapter 26 / Section 47-26-1018
Copies of certificates
Status: in_force

A public weighmaster shall keep and preserve for a period of at least one (1) year a legible copy of each certificate issued by such weighmaster. The certificates shall be available for inspection by any weights and measures official of this state during normal office hours. Acts 1997, ch. 311, § 2.
A public weighmaster shall keep and preserve for a period of at least one (1) year a legible copy of each certificate issued by such weighmaster. The certificates shall be available for inspection by any weights and measures official of this state during normal office hours.
Acts 1997, ch. 311, § 2.