reglab/housing_qa huggingface dataset:
TN Code § 47-5-110 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-110. Warranties

  If its presentation is honored, the beneficiary warrants:  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   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.     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.
TN Code § 47-5-111 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-111. Remedies

  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.   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.   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).   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.   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.   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.
TN Code § 47-5-112 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-112. Transfer of Letter of Credit

  Except as otherwise provided in § 47-5-113, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.   Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:  the transfer would violate applicable law; or   the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 47-5-108(e) or is otherwise reasonable under the circumstances.
TN Code § 47-5-113 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-113. Transfer by Operation of Law

  A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.   A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in § 47-5-108(e) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.   An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.   Honor of a purported successor's apparently complying presentation under subsection (a) or (b) has the consequences specified in § 47-5-108(i) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of § 47-5-109.   An issuer whose rights of reimbursement are not covered by subsection (d) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (b).   A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
TN Code § 47-5-114 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-114. Assignment of Proceeds

  In this section, “proceeds of a letter of credit” means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.   A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.   An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.   An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.   Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.   Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by chapter 9 of this title or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by chapter 9 or other law.
TN Code § 47-5-115 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-115. Statute of Limitations

 An action to enforce a right or obligation arising under this article must be commenced within one (1) year after the expiration date of the relevant letter of credit or one (1) year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
TN Code § 47-5-116 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-116. Choice of Law and Forum

  The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 47-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.   Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.   Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If:   If there is conflict between this chapter and chapter 3, 4, 4A, or 9 of this title, this chapter governs.   The forum for settling disputes arising out of an undertaking within this article may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a).    this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b);   the relevant undertaking incorporates rules of custom or practice; and   there is conflict between this article and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 47-5-103(c).
TN Code § 47-5-117 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-117. Subrogation of Issuer, Applicant, and Nominated Person

  An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.   An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in subsection (a).   A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:  the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;   the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and   the applicant to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.     Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
TN Code § 47-5-118 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 5 - Letters of Credit|§ 47-5-118. Security Interest in Document Issued Under a Letter of Credit

  An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.   So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to Chapter 9, but:  a security agreement is not necessary to make the security interest enforceable under § 47-9-203(b)(3);   if the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and   if the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.
TN Code § 47-11-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-101. Short Title

 This chapter may be cited as the “Retail Installment Sales Act.”
TN Code § 47-11-105 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-105. Mail Order and Telephone Sales

  Retail installment contracts and retail charge agreements negotiated and entered into by mail or telephone without personal solicitation by salespersons or other representatives of the seller, where a catalog of the seller or other printed solicitation of business, which is distributed and made available generally to the public, clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this section.    All of the provisions of this chapter apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 47-11-103(e) and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalog or other printed solicitation which is then in effect.   In lieu of sending the buyer a copy of the contract as provided in § 47-11-103(e), the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer.
TN Code § 47-11-106 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-106. Transfer of Contracts

 Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or retail charge agreement to any person, firm, or corporation on such terms and conditions and for such price as may be mutually agreed upon.
TN Code § 47-11-107 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-107. Penalty for Violations — Liquidated Damages

  An intentional and willful violation of this chapter is a Class C misdemeanor.   In case of an intentional failure to comply with this chapter, or in case the seller shall permit the buyer to sign a contract containing blank spaces not permitted by this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to the whole of the original time balance in a contract, and all amounts payable under an agreement with respect to the transaction or transactions to which such violation pertains, together with reasonable attorney's fees.   In case of any other failure to comply with this chapter, the buyer shall have a right to recover from the person committing such violation, or to set off or counterclaim in any action by such person to enforce a contract or agreement, as liquidated damages, an amount equal to two (2) times the time price differential charged to the buyer, together with reasonable attorney's fees.   Notwithstanding this section, no person shall be subject to any penalty for any failure to comply with any provision of this chapter until the retail buyer has notified such person in writing of such failure and unless within thirty (30) days after such notice such failure is not corrected by such person.
TN Code § 47-11-108 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-108. Waiver of Provisions Unenforceable

 Any waiver by the retail buyer of any provisions of this chapter or of any remedies granted to the buyer by this chapter shall be unenforceable and void.
TN Code § 47-11-110 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-110. Transactions Do Not Constitute Loans

  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.   “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.
TN Code § 47-11-111 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 11 - Retail Installment Sales|§ 47-11-111. Credit Life Insurance Added to Retail Installment Contracts — Authorization Required

  The seller under any retail installment contract shall have no authority to collect any fees or charges for a policy of credit life insurance issued in connection with property purchased under a retail installment contract unless the consumer has specifically elected, evidenced by the consumer's signature on such contract, to authorize the addition of the policy of credit life insurance.   If the consumer did not authorize the purchase of such insurance, the consumer shall notify the seller of any unauthorized charges for such insurance that are imposed under the retail installment contract within three (3) months of the initial billing for such insurance.   If the consumer notifies the seller during the three-month period that such consumer did not authorize the purchase of such insurance and the seller cannot provide proof of authorization by such consumer, the seller shall refund an amount equal to a minimum of three (3) months' charges for such insurance, including a refund of any penalty or interest assessed with respect to such charge, if any.   If the consumer notifies the seller during the three-month period that such consumer did not authorize the services and the seller is able to prove authorization by such consumer, no refund shall be issued by the seller.
TN Code § 47-12-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-101. Notice Requiring Creditor to Sue — Creditor's Inaction

  When any surety by bill, bond, covenant, or nonnegotiable note for the payment of money or note for specific articles, other than the surety of a guardian, executor, administrator, or public officer, or guarantor of negotiable paper, apprehends that the principal is likely to become insolvent, or to migrate from the state, without previously discharging the debt or obligation, the surety may, if the debt or security be due, by notice in writing, require the creditor forthwith to put it to suit.   Unless, within thirty (30) days thereafter, the creditor commences an action, and proceeds with due diligence in the ordinary course of law to recover judgment for the debt or obligation, and by execution to make the amount due thereon, the creditor shall forfeit the right which the creditor would otherwise have to recover it from the surety.    Code 1858, § 1968 (deriv. Acts 1801, ch. 18, §§ 1, 5); Shan., § 3517; mod. Code 1932, § 7526; T.C.A. (orig. ed.), § 47-701.
TN Code § 47-12-102 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-102. Proof of Notice

 The surety shall prove by two (2) witnesses the service on the creditor of a copy of the notice required by § 47-12-101.   Code 1858, § 1969 (deriv. Acts 1801, ch. 18, § 4); Shan., § 3518; mod. Code 1932, § 7527; T.C.A. (orig. ed.), § 47-702.
TN Code § 47-12-103 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-103. Death of Parties

 Sections 47-12-101 and 47-12-102 shall extend to the representatives of the parties in case of the death of either, or both.   Code 1858, § 1970 (deriv. Acts 1801, ch. 18, § 2); Shan., § 3519; mod. Code 1932, § 7528; T.C.A. (orig. ed.), § 47-703.
TN Code § 47-12-104 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-104. Assignor or Endorser

 The assignor or endorser of any such bond, bill, or note, may pursue the same course with like effect in order to discharge such assignor or endorser from liability to the assignee of the bond, bill, or note.   Code 1858, § 1971 (deriv. Acts 1801, ch. 18, § 3); Shan., § 3520; mod. Code 1932, § 7529; T.C.A. (orig. ed.), § 47-704.
TN Code § 47-12-105 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-105. Creditor's Rights Against Debtor Preserved

 The rights and remedies of the creditor against the principal debtor shall be in no way affected by this chapter.   Code 1858, § 1972 (deriv. Acts 1801, ch. 18, § 6); Shan., § 3521; Code 1932, § 7530; T.C.A. (orig. ed.), § 47-705.