Tennessee Code Annotated
Tenn. Code Ann. § 47-2-309 (2026)
Absence of specific time provisions - Notice of termination
✓ current as of May 2026
- (1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be a reasonable time.
- (2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
- (3) Termination of a contract by one (1) party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
Acts 1963, ch. 81, § 1 (2-309).
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1976–2024 · leading case: Skinner v. Cumberland Auto Ctr. (In Re Skinner), 238 B.R. 120 (Bankr. M.D. Tenn. 1999).
Skinner v. Cumberland Auto Ctr. (In Re Skinner), 238 B.R. 120 (Bankr. M.D. Tenn. 1999). “Furthermore, Cumberland apparently could terminate the contract, and end the debtor’s time to obtain financing, only by giving notice. Term. Code Ann. § 47-2-106(3) (definition of termination); Tenn.”
Am. Water Heater Co. v. The Taylor Winfield Corp. (E.D. Tenn. 2020). “” Tenn. Code Ann. § 47-2-309 . What constitutes a “reasonable 3 time” for delivery “depends upon what constitutes acceptable commercial conduct in view of the nature, purpose, and circumstances of the action to be taken.”
Sundrop Bottling Co., Inc. v. Fiji Water Co., LLC (M.D. Tenn. 2024). “” Tenn. Code Ann. § 47-2-309 . What constitutes a reasonable time “depends upon what constitutes acceptable commercial conduct in view of the nature, purpose, and circumstances of the action to be taken.”
Us for Use & Benefit of Shankle-clairday v. Crow, 414 F. Supp. 160 (M.D. Tenn. 1976). “It is clear that time was of the essence in the tile contract and was so established by the plaintiff and defendant Crow in the original contract for the delivery of the tile between December 1 and December 15, 1973.”
— Tenn. Code Ann. § 47-2-309(1) — 1 case
Skinner v. Cumberland Auto Ctr. (In Re Skinner), 238 B.R. 120 (Bankr. M.D. Tenn. 1999). “Furthermore, Cumberland apparently could terminate the contract, and end the debtor’s time to obtain financing, only by giving notice. Term. Code Ann. § 47-2-106(3) (definition of termination); Tenn.”
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