Tennessee Code Annotated
Tenn. Code Ann. § 36-3-404 (2026)
Measure of damages when defendant over sixty (60)
✓ current as of May 2026
In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.
Acts 1949, ch. 161, § 4; C. Supp. 1950, § 8462.4 (Williams, § 9720.8); T.C.A. (orig. ed.), § 36-704.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: David Rivkin v. Lori Postal (Tenn. Ct. App. 2000).
David Rivkin v. Lori Postal (Tenn. Ct. App. 2000). “Third, Tenn. Code Ann. § 36-3-403 requires juries to consider the parties’ age and experience in calculating damages.”
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