Legal Articles

Consent/Ratification to Breach of Trust, Minors

Under certain circumstances, a trust beneficiary can consent to a trustee’s conduct that would otherwise constitute a breach of fiduciary duty. For a consent to be proper, the beneficiary must know of all material facts relating to the breach. Section 456.10-1009(2), RSMo. Missouri law, furthermore, imposes specific limitations on consent or ratification on behalf of…

Contract Ratification

Only a party to a contract is bound by the contract’s terms and conditions; therefore, non-parties cannot be held liable for breach of contract. Kahn v. Prahl, 414 S.W.2d 269, 278 (Mo. 1967); Landstar Investments II, Inc. v. Spears, 257 S.W.3d 630, 632 (Mo. Ct. App. 2008) (“a contract generally binds no one but the parties thereto,…

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