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Case Number: 3:21-CV-912
Judge: Aleta A. Trauger
Court: United States District Court for the Middle District of Tennessee (Davidson County)
Defendant's Attorney: John P. Rodgers and Myles W. Chaney
Description: Nashville, Tennessee civil litigation lawyer represented Plaintiff who sued Defendant on a breach of contract theory.
Breach of contract is a legal term that refers to a situation in which one party to a contract fails to fulfill its obligations under the contract. This can be a serious offense, as it can cause significant financial and emotional harm to the other party.
In Tennessee, the law governing breach of contract is found in the Tennessee Code Annotated. The basic elements of a breach of contract claim in Tennessee are as follows:
There must be a valid contract between the parties.
The other party must have breached the contract.
The breach must have caused the plaintiff to suffer damages.
If these elements are met, the plaintiff may be entitled to recover damages from the other party. The amount of damages that are recoverable will depend on the specific facts of the case.
There are a number of different types of damages that may be recoverable in a breach of contract case, including:
Expectation damages: These damages are designed to put the plaintiff in the position they would have been in if the contract had been performed as agreed.
Restitution damages: These damages are designed to put the plaintiff in the position they were in before the contract was made.
Incidental damages: These damages are for losses that were reasonably foreseeable as a result of the breach.
Consequential damages: These damages are for losses that were not reasonably foreseeable as a result of the breach.
In addition to damages, the plaintiff may also be entitled to recover attorney's fees in a breach of contract case. However, the plaintiff must first show that the breach was willful or malicious.
If you believe that you have been the victim of a breach of contract, it is important to speak with an experienced attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court if necessary.
Here are some tips for avoiding breach of contract:
Carefully draft your contracts and make sure that you understand all of the terms.
Get everything in writing, including any changes to the contract.
Communicate with the other party regularly and keep good records of all communications.
Be prepared to perform your obligations under the contract.
If you believe that the other party is going to breach the contract, try to resolve the issue before it happens.
By following these tips, you can help to avoid breach of contract and protect your legal rights.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.