§ 29-2-101 — Writing required for action

(a) No action shall be brought: (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate; (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought. (b) (1) No action shall be brought against a lender or creditor upon any promise or commitment to lend money or to extend credit, or upon any promise or commitment to alter, amend, renew, extend or otherwise modify or supplement any written promise, agreement or commitment to lend money or extend credit, unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the lender or creditor, or some other person lawfully authorized by such lender or creditor. (2) A promise or commitment described in subdivision (b)(1) need not be signed by the lender or creditor, if such promise or commitment is in the form of a promissory note or other writing that describes the credit or loan and that by its terms: (A) Is intended by the parties to be signed by the debtor but not by the lender or creditor; (B) Has actually been signed by the debtor; and (C) Delivery of which has been accepted by the lender or creditor. (c) For purposes of this section, a writing, or some memorandum or note thereof, includes a record.

Legislative History

Code 1858, § 1758 (deriv. Acts 1801, ch. 25, § 1); Shan., § 3142; Code 1932, § 7831; T.C.A. (orig. ed.), § 23-201; Acts 1989, ch. 88, §1; 1997 , ch. 272, § 2; 2006, ch. 810, § 1.