Signed Acceptance of Contracts

Although it is certainly the preferred method of accepting contracts — and subject to the requirements of the statute of frauds — a signature is not the exclusive method of determining whether a contract has been accepted. The reason for this is that the object of the signature is to show “mutuality of assent.”

“Whether an unsigned writing constitutes a binding contract usually depends on the intention of the parties.” Sanders v. Dewitt, 579 S.W.2d 707, 711 (Mo. Ct. App. 1979). In disputed situations, whether a party has accepted the terms of a contract in the absence of a signature is a question of fact. Baier v. Darden Rests., 420 S.W.3d 733, 738 (Mo. Ct. App. 2014). Accordingly, it is often up to the judge/jury to decide at trial whether a contract exists.

Related Articles

Reformation Statute of Limitations

May 18, 2023

Reformation is a legal theory used to correct mistakes in a legal document. More technically, it is an “extraordinary equitable remedy and should be granted with great caution and only in clear cases of fraud or mistake.” Morris v. Brown, 941 S.W.2d 835, 840 (Mo. Ct. App. 1997). For example, in cases of mistake, the mistake…

Read More

Finality re: Collateral Estoppel, Res Judicata

May 10, 2023

Collateral estoppel is  a “court-made doctrine,” precluding re-litigation of an issue previously decided. Sexton v. Jenkins & Associates, Inc., 152 S.W.3d 270, 273 (Mo. 2004). To be “final” for collateral estoppel purposes, a judgment need only be “sufficiently firm to be accorded conclusive effect.” Ogle v. Guardsman Ins. Co., 701 S.W.2d 469, 471 (Mo. App….

Read More

Exhaustion of Administrative Remedies

April 25, 2023

Before filing a lawsuit relating to the actions of an administrative agency, a litigant must typically exhaust all administrative remedies. Indeed, “[i]t is well settled that when an administrative remedy is available[,] such remedy must be exhausted before a court may give injunctive or declaratory relief.” Mo. Health Care Ass’n v. Mo. Dep’t of Soc. Servs.,…

Read More

Harmless Error

April 18, 2023

To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…

Read More
Scroll to Top