Tennessee § 47-50-112 - Contracts to be enforced as written.

§ 47-50-112. Contracts to be enforced as written.

All contracts, including, but not limited to, notes, security agreements, deeds of trust, and installment sales contracts, in writing and signed by the party to be bound, including endorsements thereon, shall be prima facie evidence that the contract contains the true intention of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts. Any contract, security agreement, note, deed of trust, or other security instrument, in writing and signed or endorsed by the party to be bound, that provides that the security interest granted therein also secures other provisions or future indebtedness, regardless of the class of other indebtedness, be it unsecured, commercial, credit card, or consumer indebtedness, shall be deemed to evidence the true intentions of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis that it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts. If any such security agreement, note, deed of trust, or other contract contains a provision to the effect that no waiver of any terms or provisions thereof shall be valid unless such waiver is in writing, no court shall give effect to any such waiver unless it is in writing. Acts 1983, ch. 457, § 1; T.C.A., § 47-15-116 . Law Reviews. An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants, 68 Vand. L. Rev. 1 (2015). Justice and Harsh Results: Beyond Individualism and Collectivism in Contracts, 45 U. Mem. L. Rev. 59 (2014). Resolving Contractual Ambiguity in Tennessee: A Systematic Approach, 68 Tenn. L. Rev. 73 (2000). Tennessee and the Installment Land Contract: A Viable Alternative to the Deed of Trust, 21 Mem. St. U.L. Rev. 551 (1991). Tennessee's Theories of Misrepresentation (Joe E. Manuel and Stuart F. James), 22 Mem. St. U.L. Rev. 633 (1992). The New Article 9: Its Impact on Tennessee Law (Part I), 66 Tenn. L. Rev. 125 (1999). Wrongful Repossession in Tennessee, 65 Tenn. L. Rev. 761 (1998). Cited: In re Cox, 57 B.R. 290, 1986 Bankr. LEXIS 6802 (Bankr. E.D. Tenn. 1986); Edwards v. Maler Constr. Co., 715 S.W.2d 343, 1986 Tenn. App. LEXIS 2938 (Tenn. Ct. App. 1986); In re Memphis-Friday's Associates, 88 B.R. 830, 1988 Bankr. LEXIS 1031 (Bankr. W.D. Tenn. 1988); In re Rachels Industries, Inc., 109 B.R. 797, 1990 Bankr. LEXIS 108 (Bankr. W.D. Tenn. 1990); AmeriGas Propane v. Crook, 844 F. Supp. 379, 1993 U.S. Dist. LEXIS 19444 (M.D. Tenn. 1993); Lawhorn & Assocs. v. Patriot Gen. Ins. Co., 917 F. Supp. 538, 1996 U.S. Dist. LEXIS 3472 (E.D. Tenn. 1996); Spectra Plastics, Inc. v. Nashoba Bank, 15 S.W.3d 832, 1999 Tenn. App. LEXIS 492 (Tenn. Ct. App. 1999); Harvey v. Tuan T. Tran, 420 F. Supp. 2d 831, 2006 U.S. Dist. LEXIS 16590 (M.D. Tenn. 2006); Crye-Leike, Inc. v. Carver, 415 S.W.3d 808, 2011 Tenn. App. LEXIS 282 (Tenn. Ct. App. May 26, 2011).