Tennessee Code Annotated
Tenn. Code Ann. § 47-2-607 (2026)
Effect of acceptance - Notice of breach - Burden of establishing breach after acceptance - Notice of claim or litigation to person answerable over
✓ current as of May 2026
- (1) The buyer must pay at the contract rate for any goods accepted.
- (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this chapter for nonconformity.
- (3) Where a tender has been accepted:
- (a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and
- (b) if the claim is one for infringement or the like (§ 47-2-312(3)) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.
- (4) The burden is on the buyer to establish any breach with respect to the goods accepted.
- (5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over:
- (a) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two (2) litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.
- (b) if the claim is one for infringement or the like (§ 47-2-312(3)) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.
- (6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (§ 47-2-312(3)).
Acts 1963, ch. 81, § 1 (2-607).
Notes of Decisions
Cited in 19
cases, 1974–2020 · leading case: Trinity Indus., Inc. v. McKinnon Bridge Co., 77 S.W.3d 159 (Tenn. Ct. App. 2001).
Trinity Indus., Inc. v. McKinnon Bridge Co., 77 S.W.3d 159 (Tenn. Ct. App. 2001). “But since the consequences of acceptance are significant, if not deadly, see Tenn.Code Ann. § 47-2-607, the drafters of the Code took some pains to define how it occurs.”
Smith v. Pfizer Inc., 688 F. Supp. 2d 735 (M.D. Tenn. 2010). “” Tenn.Code Ann. § 47-2-607(3)(a). The term “ ‘within a reasonable time’ should be determined on a case-by-case basis, and in light of the nature, purpose and circumstances of such action.”
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 47-2-607(1). Furthermore, Mr.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Laws § 6A-2-607(3)(a); Tenn. Code § 47-2-607(3)(a); Tex. Bus. & Com.”
Harry J. Whelchel Co. v. Ripley Tractor Co., 900 S.W.2d 691 (Tenn. Ct. App. 1995). “T.C.A. § 47-2-607(2) (1992). In any event, the buyer must notify the seller of the breach within a reasonable time of discovering the breach or be barred from any remedy.”
Bearden v. Honeywell Int'l Inc., 720 F. Supp. 2d 932 (M.D. Tenn. 2010). “” Tenn.Code Ann. § 47-2-607(3)(a). The court held that, in personal injury cases, this did not require plaintiffs to give separate, pre-suit notice of their claims.”
In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001). “2607 (3)(a); Tenn.Code Ann. § 47-2-607(3)(a). 47 . Defendants, citing to Connick, 221 Ill.”
Ford Motor Co. v. Moulton, 511 S.W.2d 690 (Tenn. 1974). “T.C.A. 47-2-607(3) (a) provides for the time within which a claim must be asserted.”
Great Am. Music Mach., Inc. v. Mid-South Record Pressing Co., 393 F. Supp. 877 (M.D. Tenn. 1975). “Plaintiff’s liability is predicated upon the fact that it accepted the repressed records and under T.C.A. § 47-2-607 must pay at the contract rate for goods accepted by it.”
First Tennessee Bank Nat'l Ass'n v. Hurd Lock & Mfg. Co., 816 S.W.2d 38 (Tenn. Ct. App. 1991). “— (1) Where the buyer has accepted goods and given notification (subsection (3) of § 47-2-607) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary course of events from the seller’s breach as determined in any manner which is reasonable.”
Cardwell v. Hackett, 579 S.W.2d 186 (Tenn. Ct. App. 1978). “(7) Asserts error because plaintiffs failed to notify defendant of any breach of contract, as required by Section 47-2-607, T.C.A. (8) Asserts error in rendering judgment because of plaintiffs’ failure to offer any proof of damages as to the difference in value at the time of…”
James Bunn v. Navistar, Inc. (6th Cir. 2020). “” Tenn. Code Ann. § 47-2-607 (3). Similarly, the damages provision for breach of warranty provides that “[w]here the buyer has accepted goods and given notification (§ 47-2-607(3)) he may recover as damages for any nonconformity of tender the loss resulting in the ordinary…”
— Tenn. Code Ann. § 47-2-607(1) — 4 cases
Trinity Indus., Inc. v. McKinnon Bridge Co., 77 S.W.3d 159 (Tenn. Ct. App. 2001). “But since the consequences of acceptance are significant, if not deadly, see Tenn.Code Ann. § 47-2-607, the drafters of the Code took some pains to define how it occurs.”
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 47-2-607(1). Furthermore, Mr.”
Precise Tool & Gage Co. v. Multiform Desiccants, Inc. (In Re Precise Tool & Gage Co.), 42 B.R. 677 (E.D. Tenn. 1984).
Harris Corp. v. Mallicote, 514 F. Supp. 7 (E.D. Tenn. 1980).
— Tenn. Code Ann. § 47-2-607(2) — 4 cases
Harry J. Whelchel Co. v. Ripley Tractor Co., 900 S.W.2d 691 (Tenn. Ct. App. 1995). “T.C.A. § 47-2-607(2) (1992). In any event, the buyer must notify the seller of the breach within a reasonable time of discovering the breach or be barred from any remedy.”
Queen City Pastry, LLC v. Bakery Tech. Enter., LLC (Tenn. Ct. App. 2018).
Precise Tool & Gage Co. v. Multiform Desiccants, Inc. (In Re Precise Tool & Gage Co.), 42 B.R. 677 (E.D. Tenn. 1984).
Harris Corp. v. Mallicote, 514 F. Supp. 7 (E.D. Tenn. 1980).
— Tenn. Code Ann. § 47-2-607(3) — 2 cases
Harry J. Whelchel Co. v. Ripley Tractor Co., 900 S.W.2d 691 (Tenn. Ct. App. 1995). “T.C.A. § 47-2-607(2) (1992). In any event, the buyer must notify the seller of the breach within a reasonable time of discovering the breach or be barred from any remedy.”
Ford Motor Co. v. Moulton, 511 S.W.2d 690 (Tenn. 1974). “T.C.A. 47-2-607(3) (a) provides for the time within which a claim must be asserted.”
— Tenn. Code Ann. § 47-2-607(3)(a) — 6 cases
Smith v. Pfizer Inc., 688 F. Supp. 2d 735 (M.D. Tenn. 2010). “” Tenn.Code Ann. § 47-2-607(3)(a). The term “ ‘within a reasonable time’ should be determined on a case-by-case basis, and in light of the nature, purpose and circumstances of such action.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Laws § 6A-2-607(3)(a); Tenn. Code § 47-2-607(3)(a); Tex. Bus. & Com.”
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 47-2-607(1). Furthermore, Mr.”
Bearden v. Honeywell Int'l Inc., 720 F. Supp. 2d 932 (M.D. Tenn. 2010). “” Tenn.Code Ann. § 47-2-607(3)(a). The court held that, in personal injury cases, this did not require plaintiffs to give separate, pre-suit notice of their claims.”
In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001). “2607 (3)(a); Tenn.Code Ann. § 47-2-607(3)(a). 47 . Defendants, citing to Connick, 221 Ill.”
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