· 8/2/2005
ARC LifeMed, Inc. v. AMC-Tennessee, Inc.
Citations
- 183 S.W.3d 1
- 2005 Tenn. App. LEXIS 460
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- listing the essential elements of a breach of contract claim under Tennessee law
- explaining the under Tennessee law, the elements for a breach of contract claim are: (1) the existence of an enforceable contract; (2) nonperformance amounting to breach of the contract; and (3) damages caused by the breach of contract
- “though she invokes the duty of good faith and fair dealing, [the plaintiff] must still satisfy the elements of a breach-of-contract claim”
- “[A]ppellate courts routinely decline to second-guess a trial court's credibility determinations unless there is concrete, clear, and convincing evidence to the contrary.”
- appellate courts will not second-guess trial court’s credibility determinations unless there is concrete, clear, and convincing evidence to the contrary
- trial courts are in best position to determine credibility of witnesses and appellate courts will not second-guess trial court absent clear and convincing evidence suggesting otherwise
Source: CourtListener parenthetical corpus (CC0).
Judges: Cain, William, Koch, Clement
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.