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Monthly Archives: July 2014

Limitations Periods for Breach of Trust

With the adoption of much of the Uniform Trust Code in Missouri, several areas of law trust law and litigation because more clear, including the time limitations periods for a beneficiary to commence an action for breach of trust against a trustee. Many of the limitations periods for claims in Missouri generally are five (5) […]

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Unilateral Mistake in Contract

One of the more popular defenses in breach of contract cases is mistake. Mistake, for the purpose of contract law, usually refers to a factual mistake by one or more of the parties to the contract which justifies a rescission or canceling of the contract. A mistake may be either mutual or unilateral. A mutual […]

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Partition — Real Estate

“Partition” is a legal term in which a Court can order that real estate with multiple owners be divided/partitioned. In Missouri, there are two methods of partition. Vickers v. Vickers, 762 S.W.2d 482, 483 (Mo. Ct. App. 1988). A court may (1) partition in kind or may (2) order a sale and division of the […]

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“Payment in Full” and “Under Protest”

Parties will often try to informally resolve disputes outside of court to avoid litigation, with or without an attorney. One of the chief aims of settlement is to make sure that it is a “walk away” settlement; in other words, that there is a general release of all claims which precludes any party from coming […]

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Judgment Notwithstanding the Verdict (JNOV)

A judgment notwithstanding the verdict (JNOV) is where a Court can overrule or amend a jury’s verdict at the conclusion of a trial. In effect, you could have a 1-2 week trial concerning bodily injury, breach of contract, or an estate dispute and win a favorable verdict and then lose on a JNOV. A JNOV […]

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