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?
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.
A: In general Sessions Court you can always ask for damages, but if they are not included in the contract, the Court may deny.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
