2021 Tennessee Code
Part 6 - Breach, Repudiation and Excuse
§ 47-2-607. Effect of Acceptance — Notice of Breach — Burden of Establishing Breach After Acceptance — Notice of Claim or Litigation to Person Answerable Over

The burden is on the buyer to establish any breach with respect to the goods accepted.
Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over:
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.
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.
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)).

Structure 2021 Tennessee Code