Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?
I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found out after I had glued the pieces together the glass was not tempered which is essential for my project. Can I include my time and material, gas and travel time to and from court etc in damages added to the cost of the glass itself? I have copies of the delivery receipt, the original contract, and shipping invoice that said the glass was not tempered. What can I include in damages related to the whole process?
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- Tennessee
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A:
Contract actions usually exclude consequential damages. Tort claims might include such damages. No
small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.
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- Tennessee
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A: In general Sessions Court you can always ask for damages, but if they are not included in the contract, the Court may deny.
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