What is the principle of non-derogation of contracts?

The principle of non-derogation of contracts is a cornerstone of contract law in Tennessee. This principle states that parties cannot agree to terms that would render a contract unenforceable or otherwise change the parties’ obligations. It also prohibits either party from engaging in any activity that would reduce the value of the contractual promises or obligations owed by either party. Essentially, this principle gives contracting parties the assurance that the obligations and expectations of their contracts will remain in place. For example, parties cannot change the terms of a contract to make it more advantageous to one of them without the consent of the other. This protection ensures that each party’s rights are respected and not diminished over the course of the contractual agreement. As contracts are a type of legally binding agreement, the principle of non-derogation of contracts also serves to protect the parties from unfair treatment. If either party tries to reduce the value of the agreement or obligations, the other party can seek compensation from the offending party. This helps to ensure that each party in a contract is held accountable for their part of the deal. Overall, the principle of non-derogation of contracts is an important part of contract law in Tennessee. It helps to protect parties from changing the terms of their contracts in order to gain an advantage over the other party and ensures that all contractual obligations are upheld. Without this principle, it would be difficult to protect the rights and interests of both parties in a contract.

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