Author Archives: Jay Butchko
Tortious Interference vs. Breach of Contract: What Is the Difference?
In Tennessee, two legal claims often emerge when a business relationship goes south: tortious interference and breach of contract. While the two seem similar and are sometimes used interchangeably by some people, they are legally distinct. Understanding the difference between these two legal concepts is crucial if you are a business owner confronted with… Read More »
What Is an Injunction? Understanding the Basics
An injunction is one of the most powerful and misunderstood tools in the world of civil litigation. Both businesses and individuals need to understand what an injunction is and how it works. Whether you are a business owner trying to prevent a competitor from using confidential information or an individual facing threats to your… Read More »
What To Do if a Seller Fails To Disclose Defects in Tennessee
Purchasing a property is one of the most exciting things in life. However, this excitement can be cut short if you discover serious issues the seller failed to disclose, such as roof leaks, foundation issues, or mold. Unfortunately, while sellers are legally obligated to reveal material defects, some do not share this information with… Read More »
Understanding Unfair Competition: A Brief Guide for Businesses
Competition among businesses is legal and even encouraged by competition regulations. Competition is seen as a positive force that drives innovation, improves quality, and benefits consumers through more choices and lower prices. However, the law only encourages healthy competition. Unfair competition is prohibited. Unfair competition can create huge problems. Understanding what constitutes unfair competition… Read More »
Understanding the Tennessee Consumer Protection Act: Crucial Information for Consumers and Businesses
As a consumer or business owner in Tennessee, one crucial law you need to know about is the Consumer Protection Act. The Tennessee Consumer Protection Act (TCPA), which has been in effect since 1977, is designed to protect consumers and businesses from unethical conduct. Besides prohibiting unethical behavior, the TCPA provides victims with legal… Read More »
Mediation vs. Arbitration in Real Estate Disputes: Which Is the Better Option?
When real estate disputes arise, litigation can feel daunting and exhausting. Thankfully, parties involved in a real estate dispute can seek alternatives to traditional courtroom litigation, such as mediation and arbitration. These alternative dispute resolution (ADR) forms offer unique benefits but operate differently. So, when it comes to resolving real estate disputes, which is… Read More »
Construction Defects in Tennessee: Types, Defenses, and Steps To Take if You’re Accused
As a construction professional, you take pride in delivering safe and dependable structures. However, sometimes, things don’t go as planned. At times, issues may emerge after a project has been finalized, ranging from structural failures to water leaks. These issues are commonly referred to as construction defects. When a construction defect arises, it can… Read More »
What You Should Know About Contesting a Will in Tennessee
After a loved one passes away in Tennessee and leaves behind a will, the will must go through the probate process. Probate is a court-supervised process that ensures the deceased person’s estate is properly managed and distributed according to the terms of the will. In Tennessee, as in other states, individuals have the right… Read More »
Understanding Breach of Real Estate Contracts in Tennessee
When engaged in real estate transactions in Tennessee, contracts establishing the goals and roles of those involved are vital. Real estate contracts bind the involved parties (sellers and buyers). Each party is legally obligated to fulfill its contractual duties. If a party fails to fulfill its contractual obligations, it may constitute a breach of… Read More »
How To Resolve Construction Disputes in Tennessee
With the vast number of people and processes involved, disputes are common in Tennessee’s construction industry. Disputes can arise between different parties for various reasons. Whether it’s a disagreement over delays, scope of work, payment, construction defects, or breach of contract, it is crucial to know how to resolve construction disputes in Tennessee. While… Read More »