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Monthly Archives: April 2016

Contract Reformation

When drafting contracts and other written agreements, there are occasions in which, through a mutual mistake of the parties, the writing does not accurately set forth the terms of the agreement and comport with the intention of the parties. In such cases, it is possible for a court to equitably reform a contract. For a […]

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Business Judgment Rule

In Missouri, the “Business Judgment Rule” is a legal principle which protects directors and officers of a corporation from liability for decisions made within the director’s or officer’s authority that are made in good faith and uninfluenced by any other consideration than the honest belief that the action serves the best interests of the corporation. Betty […]

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Boundary by Acquiescence vs. Adverse Possession

Adverse possession and boundary by acquiescence are similar but distinct legal claims in Missouri. Adverse possession is a claim which permits a person to obtain title to real estate if they have used and treated it as his or her own for a significant period of time. To succeed on  a claim of adverse possession, a […]

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Contract Litigation: Silence as Acceptance

A contract is only enforceable if there is mutual assent and consideration. Meco Systems v. Dancing Bear Entm’t, 42 S.W.3d 794, 803 (Mo. Ct. App. 2001). With respect to mutual assent, courts look to the “objective manifestations of intent” to determine whether there was a “meeting of the minds.” Don King Equipment Co. v. Double D Tractor […]

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Equitable Liens

A lien is essentially a charge or claim on property. It is most often placed on real estate, but it can apply to other assets/interests, such as personal property, bank accounts, and even lawsuits themselves. Generally, there are strict requirements in place to properly assert a lien. The mechanic lien statute, for instance, sets for […]

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Failure of Consideration vs. Lack of Consideration: Promissory Notes, Contracts

Promissory notes and contracts are similar in how they are interpreted and how they are to be enforced in court. To prevail on a claim for breach of a promissory note, a plaintiff needs to show (1) that there is a valid promissory note signed by the maker of the note, (2) that there is […]

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Attorney Fees in a Divorce

A litigant is typically responsible for his/her own attorney fees in a lawsuit. This frequently has the practical effect of making litigation not so much about the merits of a case, but, instead, more about the cost of enforcement or defense versus the likelihood of success and exposure at trial. In Missouri, the two main […]

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