Performance of a condition precedent and first material breach are related but distinct concepts in contract litigation. “A condition precedent is an act or event that must be performed or occur, after the contract has been formed, before the contract becomes effective.” Gillis v. New Horizon Dev. Co., Inc., 664 S.W.2d 578, 580 (Mo. Ct. App….
Legal Articles
Substantial Performance, Contract Litigation
The traditional rule regarding contracts is that all parties must follow the terms of the contract or agreement precisely. In certain occasions, though, a party may “substantially perfrom” under a contract without being liable for breach of contract. In the absence of an express provision in a contract requiring precise, literal compliance, substantial compliance of…
Civil Conspiracy, Corporations, Independent Personal Stakes
To make a claim for civil conspiracy in Missouri, you must show that there are (1) two or more persons, (2) an unlawful objective, (3) a meeting of the minds, (4) at least one act in furtherance of the conspiracy and (5) injury to Plaintiff. Phelps v. Bross, 73 S.W.3d 651, 657 (Mo. Ct. App. 2002)….
Missouri Contract Attorney/Lawyer
Contracts are private agreements entered into by two or more parties with the intention of creating legally binding obligations. Although contracts can be made orally, certain contracts must be in writing if they are to be honored or interpreted by a court (e.g., contracts for the sale of land). Breach of contract occurs when a…