Contracts: General versus Specific Provisions

Parties are bound to the terms of the contract they sign, unless induced by fraud, duress, or undue influence. Lehman v. Automotive Investments, LLC, 608 S.W.3d 733, 738 (Mo. App. E.D. 2020). In analyzing contracts, courts focus on the plain and ordinary meaning of the language used. Id. Often times, however, a conflict can arise between what one provision of a contract states and another provision states. “When a provision of a contract deals with a specific situation, it will prevail over a more general provision if there is ambiguity or inconsistency between them.” Five Star Quality Care-MO, L.L.C. v. Lawson, 283 S.W.3d 811, 815 (Mo. App. W.D. 2009).

Premises Liability: Third-Party Criminal Acts

November 22, 2023

As a general rule, if a customer/invitee of a business is harmed by a third-party criminal act, the business is not responsible. The rationale for this rule is that criminal acts are rarely foreseeable. Early v. Dunn, 670 S.W.3d 47, 51 (Mo. App. E.D. 2023). There are a number of exceptions. First, a duty arises…

Mootness, Exceptions

October 19, 2023

Courts generally shy away from rendering decisions in moot cases. A case is moot when “the question presented for decision seeks a judgment upon some matter which, if the judgment was rendered, would not have any practical effect upon any then existing controversy.” DCM v. Pemiscot County Juvenile Office, 578 S.W.3d 776, 780 (Mo. 2019). There…

Comity, Multiple Lawsuits, Litigation

October 11, 2023

In complex situations, it is not uncommon for multiple lawsuits to be pending in multiple jurisdictions. When this occurs, one court, in the interests of comity, may allow the other court to handle the entire dispute. At the state level in Missouri, comity is not an ironclad rule, but a rule of “practice, convenience, and…