2021 Tennessee Code
Part 3 - General Obligation and Construction of Contract
§ 47-2-305. Open Price Term

A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.
When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one (1) party the other may at his option treat the contract as cancelled or himself fix a reasonable price.
Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.

Structure 2021 Tennessee Code

2021 Tennessee Code

Title 47 - Commercial Instruments and Transactions

Chapter 2 - Sales

Part 3 - General Obligation and Construction of Contract

§ 47-2-301. General Obligation of Parties

§ 47-2-303. Allocation or Division of Risks

§ 47-2-305. Open Price Term

§ 47-2-307. Delivery in Single Lot or Several Lots

§ 47-2-308. Absence of Specified Place for Delivery

§ 47-2-310. Open Time for Payment or Running of Credit — Authority to Ship Under Reservation

§ 47-2-312. Warranty of Title and Against Infringement — Buyer's Obligation Against Infringement

§ 47-2-313. Express Warranties by Affirmation, Promise, Description, Sample

§ 47-2-314. Implied Warranty — Merchantability — Usage of Trade

§ 47-2-315. Implied Warranty — Fitness for Particular Purpose — Exception for Certain Livestock

§ 47-2-316. Exclusion or Modification of Warranties

§ 47-2-317. Cumulation and Conflict of Warranties Express or Implied

§ 47-2-318. Third Party Beneficiaries of Warranties Express or Implied

§ 47-2-319. o.b. and f.a.s. Terms

§ 47-2-320. i.f. and C. & F. Terms

§ 47-2-321. i.f. or C. & F. — “Net Landed Weights” — “Payment on Arrival” — Warranty of Condition on Arrival

§ 47-2-323. Form of Bill of Lading Required in Overseas Shipment — “overseas.”

§ 47-2-324. “No Arrival, No Sale” Term

§ 47-2-326. Sale on Approval and Sale or Return — Consignment Sales and Rights of Creditors

§ 47-2-327. Special Incidents of Sale on Approval and Sale or Return