What happens during a dispute over implied contract terms in Nashville?

Nashville, TN – Whenever two parties have an agreement, it is possible that not every term of their agreement was written into the relevant documentation. There may be other situations where the entire agreement was implied and there is no written document at all. If this happens, there are certain rules that govern how disputes involving missing terms should be resolved. As in any contract dispute, it is important for both sides to get relevant legal advice from their attorneys throughout the course of the litigation.

When does Tennessee recognize an implied contract?

Courts within the state have shown an implied contract can exist in two distinct ways. First, a contract is implied in fact when it seems based on the actions of the two parties to the case that they did actually intend to make an agreement. The other situation where a contract is implied by law based on the court’s interpretation that it would be reasonable and just to do so.  

Lawsuits for breach of contract

A party who believes that an implied contract has been breached can attempt to sue to have its terms enforced. While there can be some difficulties in proving the existence of the contract, evidence such as custom within the relevant industries and prior behaviors of the parties to the contract can be important. Courts will impose a duty of good faith on any party to a contract that actually exists or an implied one in order to prevent unethical or illegal behaviors. 

The are relevant laws that protect consumers

A business may have certain protections implied into their contracts by consumer protection laws in order to prevent harm to the public. For these reasons, businesses should always test and research their products and services to avoid liability for actions related to injuries and false claims.  

Remedies for breach of contract

The most common remedy in any breach of contract case is monetary damages related to the actual losses caused by the breach. This can include lost profits, costs of materials, and any other financial problems caused by reliance on the contract terms that were not completed as promised. In rare situations where other remedies are insufficient, the court may order specific performance or other equitable remedies. 

Business lawyers in Tennessee

The Law Office of George R. Fusner is a business law firm that helps companies with various matters. Anyone who needs to speak with an attorney in Nashville about these matters should schedule a meeting for advice. 

USAttorneys.com is a web directory that lists lawyers in every state. People who are looking for a lawyer in their area can call 800-672-3103 to get assistance with the search for an attorney. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027



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