In any breach of contract dispute or litigation, it’s essential to first establish that the underlying agreement is a legally enforceable contract. In other words, whether there was a “meeting of the minds” between the contracting parties is essential. Particularly in the absence of a signed writing, this is not a straightforward inquiry. In Missouri,…
Legal Articles
Contractual Consideration
The three basic components of a contract are offer, acceptance and consideration. When these things exist can change depending on the nature of the parties (e.g., UCC, merchants). While the concepts of offer and acceptance are relatively straightforward to a non-lawyer, consideration is often not. Consideration is either a promise (to do or refrain from…
Requests to Enforce/Compel Settlement
Most lawsuits are resolved without a trial. Cases usually either settle or result in a judgment/dismissal before a contested trial. With cases that result in a settlement, there are often communications between attorneys leading up to the execution of a more formal settlement agreement. There are instances in which an agreement is reached and then one…