PHARMA CONFERENCE EDUCATION, INC. v. STATE OF TENNESSEE - Articles

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PHARMA CONFERENCE EDUCATION, INC. v. STATE OF TENNESSEE

Posted by: Azya Thornton on Dec 20, 2024

Head Comment: KIRBY Concurring

Court: TN Supreme Court

Attorneys 1: William F. Burns, William Edward Routt III, and Frank Lee Watson III, Germantown, Tennessee, for the appellant, Pharma Conference Education, Inc.

Attorneys 2: T. Harold Pinkley, Jr., and Rebecca P. Tuttle, Knoxville, Tennessee, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

Pharma Conference Education, Inc., entered into an agreement with the University of Tennessee Health Science Center to produce as many pharmaceutical continuing education programs “as is feasible.” The Health Science Center terminated the agreement before any programs were held. When Pharma sued to enforce the agreement, the State argued that the agreement lacked consideration and therefore was not a valid contract. The question in this appeal is whether a promise to produce as many programs “as is feasible” constitutes consideration or instead is an illusory promise. We hold that this promise constitutes adequate consideration. We reverse the Court of Appeals’ contrary decision and remand to the Claims Commission for further proceedings.

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