2005). B) Contract.1) Six year statute of limitations.Tennessee law states that “action on contracts not otherwise expressly provided for”have a six (6) year statute of limitations after the cause of action accrues. TENN.CODE ANN.§ 28-3-109(a)(3) (2008); see Pera v. Kroger, 674 S.W.2d 715, 719 (Tenn. 1984) (stating that “it is well settled
8 that the gravamen of the action, rather than its designation as an action for tort or contract, determines the applicable statute of limitation”). 2) Written contracts.This six (6) year statute of limitations applies to written contracts. TENN.CODE ANN.§ 28-3-109 (2008). 3) Oral contracts.Oral contracts or agreements which are not to be performed within the space of one (1) year from the making of the agreement or contract fall within the statute of frauds which require some memorandum or note in writing to be enforced. SeeTENN.CODE ANN.§ 29-2-101 (2008). Nonetheless, courts should not allow a person to use the statute of frauds to avoid contracts or to grant a privilege to a person to refuse to perform what has been agreed upon. See Price v. Mercury Supply Co., Inc., 682 S.W.2d 924, 932 (Tenn. Ct. App. 1984). Tennessee courts also recognize a part performance exception to the Statute of Frauds which is applicable to oral contracts other than for the sale of land. See Schnider v. Carlisle Corp., 655 S.W.3d 619, 621 (Tenn. Ct. App. 2001). C) Contribution. The doctrine of comparative fault system abrogated the need to determine apportionment of liability between codefendants under TENN.CODE ANN.§ 29-11-101 et seq.(2008),or the Uniform Contribution Among Tort Feasors Act. See McIntyre v. Balentine, 833 S.W.2d 52 (1992). D) Employment. 1) One year statute of limitations.Tennessee law states that (1) The action against the other person by the injured worker, or those to whom [his] right of action survives, must be instituted in all cases within one (1) year from the date of the injury. (2) Failure on the part of the injured worker, or those to whom [his] right of action survives, to bring the action within the one year period shall operate as an assignment to the employer of any cause of action in tort that the worker, or those to whom [his] right of action survives, may have against any other person for the injury or death, and the employer may enforce [same] in [his] own name or in the name of the worker, or those to whom his right of action survives, for the employer’s benefit, as the employer’s interest may appear, and the employer shall have six (6) months after the assignment within which to commence suit. TENN.CODE ANN.§ 50-6-112(d)(1)-(2) (2008). 2) Other considerations.Note that there are specific statutes which may have limitation built into the statute. An example is an age discrimination plaintiff must file a charge of discrimination with the EEOC or appropriate state agency within 300 days after the discrimination practice occurred. 29 U.S.C. § 626(d) (2008). Another example is than an action brought pursuant the Tennessee Human Rights Act must be filled within one year after the discriminatory practice ceases. See TENN.CODE ANN.§ 4-21-311(d) (2008).