Tennessee Business Law Questions & Answers

Q: How to determine if you have entered into a enforceable contract?

1 Answer | Asked in Business Law and Consumer Law for Tennessee on
Answered on Apr 17, 2017

No, you say no documents are signed. any contract for the sale of goods over $500 must be in writing. You have probably lost the $100 since its just a "swearing contest" between the couple and the dealer about what was intended.
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Q: Without me knowing my father talk with shop bout fixing a peterbilt I never ok for nothing who is responsible

1 Answer | Asked in Criminal Law, Business Law and Small Claims for Tennessee on
Answered on Apr 13, 2017

Your claim is against your father. He authorized the work, so he should pay for it. He had apparently authority to act, so I don't think there is any fault on the part of the repair shop. They did the work as instructed, and are therefore entitled to retain possession of the vehicle until they are paid. if your father acted without your permission, he caused the situation and should be required to pay. The legal term is "conversion"- he converted or exercised control over something without your...
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Q: If a nonprofit restated and amended their bylaws does that nullify any previous bylaws and amendments?

1 Answer | Asked in Business Law for Tennessee on
Answered on Mar 24, 2017

As of the date of the approval of the new by-laws, the operations of the Non-Profit are only governed by the new by-laws. Actions taken under the prior by-laws are still valid or invalid as the case may be. However, going forward the new by-laws and the articles of the Non-Profit govern the operations of the Non-Profit.
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Q: we have a auto repair shop a mechanic left his tools owing us money how long do i have be for i can sell them

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Mar 7, 2017

Bad news- you can't sell them, YOU DON"T OWN THEM. If you have something in writing signed by him that he was giving you the tools in payment of his debt, or that he was letting you hold the tools as security for his debt, then that's another story. However, based on just what you said in your question, you do not have the right to dispose of someone's else's property. If you do, you could be liable to him for the value of the tools. However, if you have his address, or any way to contact him,...
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Q: can abc,llc sign a contract as "abc,llc" without using authorized individual name and title of individual signing?

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Tennessee on
Answered on Feb 15, 2017

No. Any legal entity ( LLC, corporation or partnership) has an individual human being who signs as the representative of the entity. Example: Company name "by" individual signature, job title.
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Q: is a purchase and sale agreement valid if signed by the llc with no individual signature

1 Answer | Asked in Business Law and Contracts for Tennessee on
Answered on Feb 13, 2017

A limited liability company has a chief manger or a designated agent to sign on behalf of the company. They sign in a representative capacity, not as an individual. However, the contact needs a signature from someone acting for the company.
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Q: can an entity sign on behalf of itself

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Tennessee on
Answered on Feb 12, 2017

A legal entity can only act through an authorized officer, agent, manager, member, or representative as authorized by the forming documents and Bylaws, Operating Agreement, Resolution or what-have-you. So for an entity to execute a document requires a signature line or block that identifies the entity, has a line for a person's signature, and indicates in what capacity hey are signing (President, Manager, etc.). In real estate transactions, lawyers for the other side will insist on certificates...
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Q: office manager advertised that we were covered by ins. plans only to find out we aren't; she left, not covered and $ los

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Jan 24, 2017

You should consider filing suit against this person for fraud and/or outrageous conduct. Perhaps you could recover some of the losses you have sustained. However, litigation is expensive, and time consuming. It could also be that all your remaining resources should be devoted to fixing/correcting the issues you have described.

This is a difficult business decision, many lawyers offer a free initial consultation. Talk to more than one and other trusted friends before you decide. Do not...
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Q: power co wants to charge $2200 to turn on power for a new business that is in the same place as one that didn't pay bils

1 Answer | Asked in Business Law, Civil Litigation and Energy, Oil and Gas for Tennessee on
Answered on Jan 23, 2017

Most likely, yes. Most local utility companies are regulated- their rates are limited by a separate agency to prevent "gouging" the consumer. But at the same time, they are allowed to demand deposits to secure payment. In other words, they can't make huge profits, but they can't lose money either. If you want the service, you will probably have to pay the deposit to get it, but then appeal the amount of the deposit to the board/agency that sets the rates.
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Q: I was commissioned to do photos and now the client is refusing to pay. Can this be considered theft of services?

2 Answers | Asked in Business Law, Civil Litigation and Small Claims for Tennessee on
Answered on Dec 11, 2016

Usually filing a civil complaint for breach of contract is the proper remedy to your issue.
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Q: Where can I find case law regarding the role of the Board of Directors under the Sarbanes Oxley Act?

2 Answers | Asked in Business Formation, Business Law and Securities Law for Tennessee on
Answered on Nov 30, 2016

Google Scholar is a good free resource. You could also go to a library at a local law school like UT, Belmont, or Vandy depending on where you are located. Those are probably the best resources.
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Q: I have worked for a small business and in 3.5 years I have never been given a lunch break for any shift 6 hours or more.

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Oct 13, 2016

There are wage/hour regulations but many small businesses are exempt. I suggest your try to contact the Tennessee department of labor- ( try TN.gov). You are right to be fearful for your job, because if you don't have a written contract of employment, they can let you go at anytime and it might be hard to prove that their reason for firing you was complaint about excessive hours. As a result, maybe your should remain anonymous and just report the violations: maybe that will cause the State to...
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Q: How can I research past cases similar to mine so I can find a successful lawyer in the type of representation I need?

1 Answer | Asked in Contracts and Business Law for Tennessee on
Answered on Oct 5, 2016

I am not sure there is a "specific resource" that will generate this type of information. However, almost all lawsuits are public records ( there are some cases where the Judge will "seal" the records to protect minors or perhaps important business information, but this is not normal) and most court clerk's offices are now computerized, so check the various court clerk's offices will reveal the lawsuits where the company has been sued. However, this means reading each of those lawsuits to see...
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Q: What can I do if being denied adequate pain relief aft 6yrs bc of discriminatory laws against pain patients and their D

1 Answer | Asked in Business Law, Civil Litigation, Federal Crimes and Personal Injury for Tennessee on
Answered on Sep 30, 2016

Not the answer you want to hear, but Don't Mourn, Organize--patients, providers need to write letters to State Legislatures. Under the law it isn't discrimination for the legislature, state or federal, to say "we are going to ban or severely restrict a certain type of medication...." For instance morphine, a very effective --but addictive--pain killer has been essentially banned.

So the law isn't going to help you.

As to your disability, you may qualify for SSI or SSDI. You...
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Q: I worked for a small bar, for 2-3 months. All 3 employees are off the books. I quit recently, and mailed the key back.

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Aug 31, 2016

Lesson learned: do not trust the post office- if you have ANYTHING of importance, send it CERTIFIED Mail so it can be tracked. it costs a little extra, but I am sure you would gladly pay that now. I wouldn't pay for the re-keying the bar ( if he does sue you, the first thing I would do is report him to the IRS and Tenn Department of Revenue for not paying the withholding and unemployment comp on the employees). To be liable for the failure to return the key, he would have to convince the Judge...
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Q: What is considered illegal with automotive parts mark-up?

2 Answers | Asked in Products Liability, Consumer Law and Business Law for Tennessee on
Answered on Aug 23, 2016

I am not aware of ANY limitation on the mark-up of automotive parts. If you have not yet paid them, I would confront them with the prices you've obtained and try to negotiate a reduction. If you have already paid them, you may still want to confront the management with all this information. If they won't make any adjustment, Consider giving them negative reviews on their website and other social media. ( But don't discuss these actions with them). If you do so, publish only what is absolutely...
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Q: Non solicitation agreement help

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Aug 17, 2016

You don't specificly say, but I assume you did indeed sign some type of agreement prohibiting you ( as a former employee) from soliciting employees of that employer to change jobs. The rights and obligations you have will be governed by that document, so its hard to answer anything without reviewing that agreement. Get a copy and read it carefully. Apparently, unless someone overheard you making the call, the other client has already said that you made the call and made the solicitation. maybe...
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Q: Do I need a business license in tn to clean houses on the weekend to make extra cash?

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Answered on Jun 27, 2016

Check you local city or county governments. The State of Tennessee does not license this type of service, but many local governments do. Its most likely simply an annual fee, but some occupations are exempt.
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Q: How do I legally protect myself as an individual house cleaner with no license?

1 Answer | Asked in Business Law for Tennessee on
Answered on Jun 27, 2016

I think more information is needed. What danger is there that you need protection for? As you mention, I don't think The State of Tennessee requires or issues a license for house cleaning services, but you should check the city and county where you live, those authorites may require you to obtain a business license ( but this is not something that will require a test or examination, etc- you just pay a fee for it). If you are concerned about liability as a sole proprietor, you can considered...
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Q: In a partnership.My partner allowed most of inventory to be destroyed by water damage.I want out.Do I have legal rights?

1 Answer | Asked in Business Law for Tennessee on
Answered on Feb 16, 2016

You may have right in this situation...contact an attorney for an indepth and accurate consultation of your rights, remedies, etc.

Visit www.wafulalaw.com for regular updates and a listing of my practice areas!

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