Legal Articles

Contracts, Agreements to Agree

Breach of contract requires: (1) existence and terms of a contract, (2) plaintiff fully performed under the contract, (3) breach by defendant, and (4) damages. Keveney v. Missouri Military Academy, 304 S.W.3d 98, 104 (Mo. 2010). To prove the existence and terms of a contract, there must be: (1) competency of the parties to contract;…

Civil Conspiracy Claims

Civil conspiracies may exist in civil cases for money damages or equitable relief (e.g., breach of contract and tort claims such a breach of fiduciary duty). While civil conspiracy has its own separate elements, it is not a distinct  cause of action. Breeden v. Hueser, 273 S.W.3d 1, 13 (Mo. Ct. App. 2008). It functions to…

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