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In Business Litigation, Civil Litigation, Contracts

Are Oral Contracts Enforceable?

Elements of a Contract in Tennessee

With a few limited exceptions oral contracts are enforceable in Tennessee just like a written contract.  Of course, a written contract is much easier to prove because there is hard evidence of the agreement.  However, an oral contract IS enforceable in most cases.  The parties and/or their witnesses can testify about the terms of the agreement, and things such as partial performance or “normal course of dealing” can serve as powerful circumstantial evidence of the terms of the deal.

A contract is a contract – oral or written – so long as it has the following elements:

  1. A legal purpose (e.g. Tennessee courts will not enforce a contract between neighbors to illegally use one cable box);
  2. A mutual agreement that is free from fraud or undue influence;
  3. Terms that are definite enough to be enforced (e.g. a promise to work for a person’s lifetime would be too vague because a lifetime is not a definite duration); and,
  4. Adequate value exchanged by both parties (referred to as “consideration” in legal terms).

Contracts Required

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September 27, 2011
In Civil Litigation, Contracts, Personal Injury

Smoke Detectors in Apartments

Smoke Detectors in Apartments

Let’s talk about the law on smoke detectors in apartments and rental homes in Tennessee. What should a landlord do? What about a tenant? Do you have a case? Below are questions some of you might have:

Q:  I own and lease a rental house in in Memphis, Tennessee.  Am I required to provide smoke detectors for the tenants who live in the house?

Q:  I rent a house in Germantown, Tennessee, and there was a fire at night.  There were no smoke detectors in the house, and by the time I woke up and called 911 the fire had spread so far that the firemen weren’t able to save anything.  What are my legal rights?

Law on Smoke Detectors in Tennessee

Under Tennessee law, a landlord must install and maintain smoke detectors in any residential unit offered for lease or rent.  Specifically, Tennessee Code Annotated 68-102-151 provides that it is:

unlawful to…[o]wn or operate a one-family or two-family rental unit without installing an approved smoke detector in each living unit; when activated, the detector

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September 9, 2011
In Business Litigation, Civil Litigation, Contracts

What’s a Public Adjuster? Ask the Insurance Lawyer

What’s a Public Adjuster? Ask the Insurance Lawyer

Have you ever heard of a public adjuster? Most people have not. When you file a claim with your homeowner’s insurance carrier, the company assigns an employee–called an “adjuster”– to investigate and handle the claim.   The adjuster’s duties might include, among other things, to visit the damage site, to take photos, to hire and analyze data from cause and origin investigators, to parse what part of your damage is covered vs. what is not covered, and to coordinate with damage estimators and/or potential contractors.

At some point, the adjuster will arrive at some plan of action to ultimately resolve your claim. This could range from supervising re-construction or repair, to simply giving you a check and letting you oversee your own repairs.

What if you disagree with the insurance company adjuster?

But what happens when you disagree with the adjuster?  What if you believe the amount you’re being offered is a low-ball offer, is based on estimates from contractors who you think aren’t “up to snuff” so to speak, or  is based … Read the rest

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May 25, 2010