Best Contract Lawyers in Missouri

About Contract Law in Missouri, United States

Contract law in Missouri is the set of rules and regulations that govern agreements between two or more parties who intend to create legally binding obligations. Contracts in Missouri can be either written or verbal, although certain types of agreements, such as those involving real estate or commitments lasting more than one year, typically must be in writing to be enforceable. Missouri follows general contract principles found in common law, but also has unique statutes and case law that impact how contracts are created, interpreted, and enforced within the state.

Why You May Need a Lawyer

There are many situations where a person or business could need legal help with contracts in Missouri. Some of the most common reasons include:

• Drafting a new contract to ensure it is enforceable and protects your interests
• Reviewing a contract before signing to understand your rights and obligations
• Negotiating contract terms and amendments
• Responding to allegations of breach of contract
• Filing a lawsuit or defending against one related to contract disputes
• Dealing with business partnerships, property agreements, leases, non-compete clauses, and service agreements
• Addressing issues of fraud, misrepresentation, or unconscionable terms in existing agreements

Legal counsel can make a significant difference by identifying risks, suggesting remedies, and representing you during disputes or negotiations.

Local Laws Overview

Missouri contract law reflects a blend of common law and specific statutes. Some key aspects you should know include:

• Missouri adheres to the Statute of Frauds, requiring certain contracts (such as those for the sale of real estate or contracts that cannot be performed within one year) to be in writing.
• Missouri courts interpret contracts based on their plain and ordinary meaning, unless the contract is ambiguous. If ambiguous, external evidence can sometimes be used to determine intent.
• Contracts for the sale of goods may be governed by Missouri’s adoption of the Uniform Commercial Code (UCC), which has its own requirements for contract formation and enforcement.
• Missouri recognizes the defenses of fraud, duress, mistake, and unconscionability, which may render a contract unenforceable in certain circumstances.
• Damages for breach of contract in Missouri often include compensatory damages (to place the non-breaching party in the position they would have been in if the contract was performed) and, in some situations, punitive damages or specific performance.
• Missouri has specific rules for attorney fees and statutes of limitation, most often five years for written contracts and three years for oral contracts.

Frequently Asked Questions

What makes a contract legally binding in Missouri?

A contract is legally binding in Missouri when it involves an offer, acceptance of that offer, mutual consideration (exchange of value), and competent parties with legal capacity and a lawful purpose.

Do contracts in Missouri have to be in writing to be enforceable?

No, not all contracts have to be in writing, but certain contracts, such as those involving the sale of real property or long-term agreements, must be in writing under the Statute of Frauds.

What is the Statute of Frauds in Missouri?

The Statute of Frauds is a law that requires specific types of contracts, such as those for real estate or agreements that cannot be performed within one year, to be in writing in order to be enforceable in court.

Can I cancel a contract after signing it in Missouri?

It depends. Some contracts have cooling-off periods allowing cancellation within a certain time. Otherwise, cancellation may require a legal reason, such as fraud, misrepresentation, duress, mistake, or a breach by the other party.

What remedies are available if someone breaches a contract in Missouri?

Legal remedies may include monetary damages, specific performance (forcing completion of the contract), or cancellation and restitution. The type of remedy depends on the circumstances and the type of contract.

What is the statute of limitations for breach of contract in Missouri?

The statute of limitations is generally five years for written contracts and three years for oral contracts. If you delay too long, you could lose your right to sue.

Can I draft my own contract, or do I need a lawyer?

You can draft your own contract, but hiring a lawyer ensures that the agreement is legally sound and protects your interests. Errors or omissions in self-drafted contracts can lead to costly disputes.

What is 'consideration' in a contract?

Consideration refers to something of value exchanged between the parties. Both sides must give up something or promise to do so in order for a contract to be valid in Missouri.

Are verbal agreements enforceable in Missouri?

Some verbal agreements are enforceable, but proving the terms can be challenging, and certain types of contracts must be in writing according to Missouri law.

How are disputes over contract interpretation resolved in Missouri?

Missouri courts interpret contracts based on the written language first. If the contract is vague or ambiguous, courts may consider outside evidence, such as the parties’ conduct or communications, to determine intent.

Additional Resources

For more information or assistance, consider these resources:

• Missouri Bar Association - Offers consumer guides and attorney referrals
• Missouri Judiciary (courts.mo.gov) - Provides access to court information and forms
• Missouri Attorney General’s Office - Consumer protection and information about fraud
• Local Legal Aid Offices - Free or low-cost legal assistance for eligible individuals
• Small Business Development Centers - Contract law guidance for entrepreneurs

Next Steps

If you are facing a contract issue or need to create, review, or negotiate a contract in Missouri, take the following steps:

• Gather all related documents and communications
• Write down your questions and concerns about the agreement
• Contact a Missouri-based attorney who specializes in contract law for an initial consultation
• If cost is an issue, see if you qualify for free legal aid or a reduced-fee legal clinic
• Be prepared to discuss your goals and any deadlines that may apply to your situation

A legal professional can help you understand your rights, protect your interests, and achieve the best possible outcome for your contract matter in Missouri.