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Statute of Limitations on Civil Lawsuits Over Contracts in Tennessee

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    What Is a Statute of Limitations?

    • A statute of limitations is a legal rule that prevents plaintiffs from bringing actions long after the injury occurred. Statutes of limitations are viewed as part of a system of essential fairness, as they preclude civil lawsuits after documents have disappeared, memories have faded and the defendant has moved on. If a plaintiff attempts to file a lawsuit after the statute of limitations has expired, the defendant may raise the statute as a defense and have the lawsuit dismissed.

    What Is a Contract?

    • A contract is an agreement that creates legal obligations of each party to the other. In Tennessee, a contract is any set of promises that can be enforced in a court of law. Contracts in Tennessee are defined almost entirely by common law (law made by the courts) and can be written or, except in certain cases, may be oral. To form a legally enforceable contract, there must be an offer that is accepted, each party must promise something to the other (known as "consideration"), each party's obligations must not be illegal, and each party must have the capacity to enter the contract.

    What Is a Civil Lawsuit for a Contract?

    • When one party fails to live up to his obligations under the contract, this is known as a breach. A breach can occur when a party simply does not perform, when he performs but does not do so properly or when he does not perform on time. Provided that the non-breaching party has met his own legal obligations, he can then file a civil lawsuit against the breaching party to recover his damages.

    What Is the Statute of Limitations for Contracts?

    • The statute of limitations for civil actions for breach of a contract in Tennessee is six years. Generally, actions to recover for breach of contract in Tennessee must be brought within six years of the date upon that the breach occurred.

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