Tennessee Breach Of Contract Legal Questions

I don't practice in Tennessee, but I don't see how you could get a divorce without notifying your spouse, unless you didn't know how to contact them.  In that case, it might be sufficient to just put a notice in the newspaper, but if you know how to reach her, a newspaper ad would not be sufficient.... Read More

New York Life is not a judge.  Regardless of how meritless you think the other side's case is, New York Life would be foolish to pay the money to either of the two disputants until a Court decides who's right.  If New York Life paid the estate, and a Court later decided that the son was right, New York Life would be liable to the son.  However, what I would have expected to happen would be for New York Life to start what is known as an interpleader action, where it names the disputants in a lawsuit, deposits the disputed funds in Court, and lets the Court sort the mess out.  Are you sure that New York Life is not depositing, or has not deposited, the disputed monies with a Court?  Without knowing much about the facts, I would think that the Court would compel New York Life to do so.... Read More

In most cases, verbal contracts are as valid as written ones, although of course a court is more likely to believe that there is a contract, and that its terms are what you say they are, if you have it in writing.  However, one type of contract which usually must be in writing is a contract for the sale of goods for over $500.  You are characterizing your agreement as a loan, but it could be characterized as an agreement for you to sell the car you purchased in exchange for the buyer paying off your promissory note, a contract which may need to be in writing.  If so, the emails could still be enough of a writing to create a binding contract, depending on how complete they are.... Read More

Settlements are voluntary agreements to resolve disputes.  You can't force someone to settle if they don't want to.  You can contact the agent and attempt to resolve your dispute before you commence a lawsuit, but if he refuses, or makes you an offer which you think is inadequate, you could not force him to settle.  You would then have to decide whether it was worth it to you to commence a lawsuit.  Don't take too long to make up your mind - you only have a certain amount of time to file a lawsuit before it is barred by the statute of limitations.... Read More

If you contracted for a specific provision, and the other party breaks that provision, you have a potential breach of contract.  It is unclear how much the damages for the breach would be, or if it would be worth the time and money to pursue the suit.  Each case is different, and needs to be examined individually.  You should contact a local attorney to discuss your case. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

In TN, the statute of limitation for breach of contract is 6 years.  However, due to statute of frauds, all contracts made for the loaning of money must be in writing.  Therefore, you likely would not be able to bring suit in TN courts for breach of contract, because your contract was an oral contract. For more information visit my website at www.alsobrooklaw.com. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

Your dismissal from the company does not negate your ownership interest in the company.  You may not have received any money from the company because the company has yet to do a distribution to the members.  You should contact a local business attorney to determine how best to determine what, if anything, you are owned for your share of the LLC. For more information visit my website at www.alsobrooklaw.com. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More