Tennessee Code Annotated
Tenn. Code Ann. § 47-2-715 (2026)
Buyer's incidental and consequential damages
✓ current as of May 2026
- (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
- (2) Consequential damages resulting from the seller's breach include:
- (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
- (b) injury to person or property proximately resulting from any breach of warranty.
Acts 1963, ch. 81, § 1 (2-715).
Notes of Decisions
Cited in 18
cases, 1973–2012 · leading case: Patton v. McHone, 822 S.W.2d 608 (Tenn. Ct. App. 1991).
Patton v. McHone, 822 S.W.2d 608 (Tenn. Ct. App. 1991). “In addition, they are also entitled to a judgment against Ford Credit for the payments they made on the car, and Ford Credit is not entitled to a deficiency judgment for the unpaid balance of the loan.”
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “§ 47-2-715(1). Consequential damages include, but are not limited to, “any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise.”
Haverlah v. Memphis Aviation, Inc., 674 S.W.2d 297 (Tenn. Ct. App. 1984). “Tenn.Code Ann. § 47-2-715 (1979) provides in part: Buyer’s incidental and consequential damages.”
Turner v. Aldor Co. of Nashville, Inc., 827 S.W.2d 318 (Tenn. Ct. App. 1991). “Thus, under Tenn. Code Ann. § 47-2-715 (2)(b) (1979), a seller can be liable for consequential damages stemming from “injury to person or property proximately resulting from any breach of warranty.”
Com. Truck & Trailer Sales, Inc. v. McCampbell, 580 S.W.2d 765 (Tenn. 1979). “include personal injuries proximately resulting therefrom, T.C.A. § 47-2-715, it is their insistence that if the personal injury results in subsequent death, no action may be maintained.”
Ford Motor Co. v. Moulton, 511 S.W.2d 690 (Tenn. 1974). “Second, if the disclaimer clauses are properly drawn, they are prima facie unconscionable under T.C.A. 47-2-715. Finally, respondents insist that the one-year or twelve thousand mile limitation on the express warranty is prima facie unconsionable under T.”
Great Am. Music Mach., Inc. v. Mid-South Record Pressing Co., 393 F. Supp. 877 (M.D. Tenn. 1975). “T.C.A. § 47-2-715 explains what may be included as incidental and consequential damages: (1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any…”
First Tennessee Bank Nat'l Ass'n v. Hurd Lock & Mfg. Co., 816 S.W.2d 38 (Tenn. Ct. App. 1991). “§ 47-2-714 and § 47-2-715, but the trial court did not determine them.”
Hurt v. Earnhart, 539 S.W.2d 133 (Tenn. Ct. App. 1976). “— (1) Subject to the provisions of this chapter with respect to proof of market price (§ 47-2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract…”
Aquascene, Inc. v. Noritsu Am. Corp., 831 F. Supp. 602 (M.D. Tenn. 1993). “§ 47-2-715 (defining consequential and incidental damages).”
Walker Truck Contractors, Inc. v. Crane Carrier Co., 405 F. Supp. 911 (E.D. Tenn. 1975). “T.C.A. 47-2-715(2) (b). 11 Rockwell approved the use of its SRDD rear-axle assembly in the 1972 model trucks.”
Seaton v. Lawson Chevrolet-Mazda, Inc., 821 S.W.2d 137 (Tenn. 1991). “§ 47-2-714), incidental damages under § 75-2-715(1) (counterpart to T.C.A. § 47-2-715(1)), and consequential damages under § 75-2-715(2) (counterpart to T.”
— Tenn. Code Ann. § 47-2-715(1) — 2 cases
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “§ 47-2-715(1). Consequential damages include, but are not limited to, “any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise.”
Seaton v. Lawson Chevrolet-Mazda, Inc., 821 S.W.2d 137 (Tenn. 1991). “§ 47-2-714), incidental damages under § 75-2-715(1) (counterpart to T.C.A. § 47-2-715(1)), and consequential damages under § 75-2-715(2) (counterpart to T.”
— Tenn. Code Ann. § 47-2-715(2) — 3 cases
Walker Truck Contractors, Inc. v. Crane Carrier Co., 405 F. Supp. 911 (E.D. Tenn. 1975). “T.C.A. 47-2-715(2) (b). 11 Rockwell approved the use of its SRDD rear-axle assembly in the 1972 model trucks.”
Seaton v. Lawson Chevrolet-Mazda, Inc., 821 S.W.2d 137 (Tenn. 1991). “§ 47-2-714), incidental damages under § 75-2-715(1) (counterpart to T.C.A. § 47-2-715(1)), and consequential damages under § 75-2-715(2) (counterpart to T.”
Suitt Constr. Co. v. Ripley's Aquarium, LLC, 108 F. App'x 309 (6th Cir. 2004).
— Tenn. Code Ann. § 47-2-715(2)(a) — 1 case
Audio Visual Artistry v. Stephen Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012). “§ 47-2-715(1). Consequential damages include, but are not limited to, “any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise.”
— Tenn. Code Ann. § 47-2-715(2)(b) — 1 case
State Auto Ins. Companies v. Gordon Constr., Inc. (Tenn. Ct. App. 2000).
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