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Breach of Contract: Specific Performance Versus Damages

When a breach of contract occurs, the general rule is that, in certain cases, the remedy is either a suit for damages or a suit for specific performance of the contract. Magruder v. Pauley, 411 S.W.3d 323, 331 (Mo. Ct. App. 2013). The suit for damages would provide the non-breaching party with money, whereas the […]

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Motions to Enforce Settlement Agreements

Courts encourage settlement. To this end, many courts strongly encourage mediation and arbitration, particularly for family law related matters or other sensitive subjective matter. As a practical matter, moreover, there is much to be said for mutually coming to an agreement with another party to resolve a dispute, rather than putting it in the hands […]

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Breach of Contract: Specific Performance

Damages in a breach of contract claim are generally limited to expectancy damages – that is, what the non-breaching party would have received had the contract been performed. See Peterson v. Continental Boiler Works, Inc., 783 S.W.2d 896, 902 (Mo. 1990).  However, in some circumstances, monetary damages just do not suffice in attempting to fully […]

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