What is the statute of limitations for contract claims in Tennessee?

1. Written Contracts

Tennessee Code Annotated § 28-3-109(a)(3) provides a 6-year SOL for actions on contracts not otherwise expressly provided for. This applies to most written contract disputes.

2. Oral Contracts

Section 28-3-109(a)(3) also covers oral contracts at 6 years. Tennessee treats written and oral contracts identically.

3. Sealed Instruments / Promissory Notes

T.C.A. § 28-3-109 governs promissory notes (6 years). Tennessee abolished the sealed-instrument distinction.

4. Sale of Goods (UCC Article 2)

T.C.A. § 47-2-725 (UCC § 2-725) provides a 4-year SOL for breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 6-year SOL under § 28-3-109. The clock runs from the last item charged or last acknowledgment.

6. Accrual Rule

The cause accrues at breach. Each missed installment under an installment contract starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

Tennessee applies the discovery rule for fraud-based contract claims. T.C.A. § 28-1-110 tolls SOL for fraudulent concealment.

8. Tolling

T.C.A. § 28-1-106 tolls for minority and unsound mind. SCRA tolls for active military service. Defendant absence from Tennessee may toll under § 28-1-111.

9. Contractual Modification of SOL

Tennessee permits reasonable contractual shortening of SOL. Extensions are generally unenforceable before accrual.

10. Borrowing Statute

T.C.A. § 28-1-112 borrows the shorter SOL when the cause of action arose in another state.

This is legal information, not legal advice.