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Browse our 2 legal questions about Contract in United States and the lawyer answers, or ask your own questions for free.
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.
There are many situations where a person or business could need legal help with contracts in Missouri. Some of the most common reasons include:
Legal counsel can make a significant difference by identifying risks, suggesting remedies, and representing you during disputes or negotiations.
Missouri contract law reflects a blend of common law and specific statutes. Some key aspects you should know include:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For more information or assistance, consider these resources:
If you are facing a contract issue or need to create, review, or negotiate a contract in Missouri, take the following steps:
A legal professional can help you understand your rights, protect your interests, and achieve the best possible outcome for your contract matter in Missouri.
