Legal Articles

Economic Loss Doctrine

Contract claims and tort claims are generally separate theories of recovery. Indeed, “the mere failure to perform a contract cannot serve as the basis of tortliability.” State ex rel. William Ranni Assoc., Inc. v. Hartenbach, 742 S.W.2d 134, 140 (Mo.1987). In a similar vein, or stated differently, the economic loss doctrine prohibits a plaintiff from…

Unfair Competition

While not a common claim, “unfair competition” is a lawsuit and claim that may be brought in Missouri. “Unfair competition is a species of commercial hiking…[i]t aims to effect honesty among competitors by outlawing all attempts to trade on another’s reputation…it strives to protect the buying public from deception.” Better Business Bureau, etc. v Chappell,…

Aiding and Abetting

Though relatively rare, “aiding and abetting” can also result in civil liability. In Missouri, for harm resulting to a third person from the tortious conduct of another, one is subject to liability if he or she knows that the other’s conduct contitutes a breach of duty and gives substantial assistance or encouragement to the other. Bradley…

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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