Legal Articles

Contract Statute of Limitations

Five years is the general statute of limitations in Missouri. There are two different statutes of limitations applying to breach of contract claims. Section 516.120(1), RSMo requires “all actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and…

Fraud & Statute of Limitations

If a claim is not brought within the correct limitations period, it is barred. The statute of limitations analysis is not always easy, particularly for fraud/intentional misrepresentation. Fraud has nine elements:  (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) the speaker’s intent…

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