Contracts to be Enforced as Written -- or Not!

An Examination of Title 47-50-112 TCA
Description: Tennessee Code Annotated § 47-50-112 promises, in its title, that “[C]ontracts [are] to be enforced as written.” In subsection (a), the statute appears to promise that a written, signed contract will be treated as evidence of the true intention of the contracting parties, and enforced as written. In this spirit, subsection (c), a more particular provision, appears to promise that a contractual agreement to prohibit any waiver of the contract’s provisions except by a writing will be enforced. Alas, the recurring tension between a court’s duty to provide justice in the individual case and its social obligation to provide clarity, consistency, and predictability in the law has in some cases rendered § 47-50-112(c) an empty commitment. The legal fiction of oral, mutually agreed rescission is capable of eliminating the statutory provision’s meaning. The presenter proposes a new look at the provision and at contractual language drafted in recognition of it, and perhaps amendment of the former, in the hope of rendering written “no oral modification” clauses truly enforceable as written.

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Course Information Webcast - Archived Video Course Credits Dual Credits: 0.00
General Credits: 1.00
Total Credits: 1

This program will be filed for Tennessee CLE credit. Please contact TBA for Georgia, Mississippi and Alabama credit.