Title XXVIII, CONTRACTS AND CONTRACTUAL RELATIONS

432.255. Retention of electronic records — originals. — 1. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it …

432.260. Admissibility of evidence. — In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form. ­­-------- (L. 2003 H.B. 254)

432.265. Automated transaction. — In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and …

432.270. Time and place of sending and receipt. — 1. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated …

432.275. Transferable records. — 1. As used in this section, "transferable record" means an electronic record that: (1) Would be a note under sections 400.3-101 to 400.3-605 or a document under sections 400.7-101 to 400.7-604* if the electronic record were in writing; and (2) The…

432.295. Severability clause. — If any provision of sections 432.200 to 432.295 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 432.200 to 432.295 which can be given effect without the i…

433.010. Surety may require obligee to sue principal — notice. — Any person bound as surety for another in any bond, bill or note, for the payment of money or delivery of property, may, at any time after an action has accrued thereon, require, in writing, the person having such r…

433.020. Notice, how served. — The notice required above shall be served by delivering a copy thereof to the person having the right of action on the instrument, or leaving a copy at his usual place of abode with some person of the family over the age of fifteen years. ­­--------…

433.030. Surety shall be discharged, when. — If such suit is not commenced within thirty days after the service of such notice, and proceeded in with due diligence, in the ordinary course of law, to judgment and execution, such surety shall be exonerated from liability to the per…

433.040. Sureties may not require suit against principal in fidelity bond. — Sections 433.010 and 433.030 shall not extend to the bond of any personal representative, guardian, conservator, officer or other person given to secure the performance of the duties of his office, trust…

433.050. Interest due on amount paid by surety. — When any bond, bill or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and such bond, bill or note, or any part thereof, shall be paid by any surety …

433.060. Remedy of surety. — When such payment by a surety shall be made in money, such surety may recover the same, with the interest; and when such payment is made in property, he may recover the value, with interest. ­­-------- (RSMo 1939 § 3325) Prior revisions: 1929 § 2938; …

433.070. Surety entitled to judgment against principal on motion, when. — In all cases where judgment is given in any court, whether of record or not, upon any bond, bill or note, for the payment of money or delivery of property, against the principal debtor and any surety therei…

433.080. Judgment on motion — proceedings. — No judgment shall be rendered, as is provided in section 433.070, unless the party applying therefor shall have given the adverse party at least ten days' notice, in writing, of such motion, nor unless such motion shall be made within …

433.090. Cosurety may demand that judgment be obtained against estate of deceased surety or principal. — If any person bound as principal or surety in any bill, note or other instrument of writing for the direct payment of money dies, any cosurety therein, or his legal representa…

433.100. Failure to prosecute such action exonerates surviving surety. — If such action be not begun by the party having the right thereof, within a reasonable time after being notified as above provided so to do, and proceeded in with due diligence in the ordinary course of law …

433.110. Contribution between sureties. — When there are two or more sureties in any such bond, bill or note, and any of them shall pay, in money or property, more than his due portion of the original demand, such surety may recover such excess, as herein provided for a surety ag…

433.120. Liability of surety limited. — No such surety shall be compelled, in any action, to pay more than his due proportion of the original demand; and when such surety shall have previously paid any portion thereof, he shall be liable to pay only so much as the amount already …

433.130. Surety discharged from future liability, when, how. — Any person bound as surety in any bond given by any officer, including personal representatives, guardians, conservators, assignees, receivers, trustees and depositaries to secure the faithful performance of the dutie…

433.140. Petition — contents. — The petition shall set forth the facts upon which the application for a discharge is founded, and shall be verified by the affidavit of the petitioner thereto annexed. ­­-------- (RSMo 1939 § 3331) Prior revisions: 1929 § 2944; 1919 § 12700; 1909 §…

433.150. Notice of application. — A notice in writing of such intended application, together with a copy of the petition, shall be personally served on the principal in the bond, at least fifteen days before the making of the application. ­­-------- (RSMo 1939 § 3332) Prior revis…

433.160. Notice by publication. — If the principal in the bond shall be absent from the state for the period of six months, the publication of the notice and petition in some newspaper printed in this state, for four weeks successively, shall be sufficient service of the notice. …

433.170. Duties of the court. — The court to whom the petition is addressed shall hear the application, and may, on examination thereof, in its discretion, make an order requiring the principal in such bond to give a new bond, with sureties for the performance of his official dut…

433.180. New bond, how taken. — If such bond be given, it shall be taken, approved and filed in the same manner that the official bond of such officer is required by law, for the time being, to be taken, approved and filed. ­­-------- (RSMo 1939 § 3335) Prior revisions: 1929 § 29…

433.190. Effect on new bond. — When such new bond is taken, approved and filed, it shall immediately operate as a discharge of all the sureties in the former bond from all liability arising from any subsequent misconduct or default of the principal therein, and such sureties shal…

433.200. Failure to give new bond, proceedings. — If such principal shall neglect or refuse to give such new bond, with sureties, within sixty days after making such order, his office, trust, power and authority shall thenceforth be vacated, cease and determine; and the court mak…

433.210. Remedy of surety. — Any person bound as surety in any bond given by any officer to secure the faithful performance of his duties, who shall pay any money which he shall have been liable to pay by reason of such bond, shall have the same right and remedy against his princ…

433.220. Remedies against executors and administrators, when. — The remedies given by this chapter may be maintained by and against executors and administrators, in all cases where they could be maintained by or against their testators or intestates, if they were living. ­­------…

434.010. Bonds, notes founded on gaming considerations, void. — All judgments by confession, conveyances, bonds, bills, notes and securities, when the consideration is money or property won at any game, gambling device, or by any bet or wager whatever, shall be void and may be se…

434.020. Assignment not to affect defense. — The assignment of any bond, bill, note, judgment, conveyance or other security shall not affect the defense of the person executing or confessing the same. ­­-------- (RSMo 1939 § 3395) Prior revisions: 1929 § 3008; 1919 § 5745; 1909 §…

434.030. Money lost at gaming recovered, how, — Any person who shall lose any money or property at any game, gambling device or by any bet or wager whatever, may recover the same by a civil action. ­­-------- (RSMo 1939 § 3392, A.L. 1953 p. 321) Prior revisions: 1929 § 3005; 1919…

434.040. Heirs may have the remedy. — The heirs, executors, administrators, wife and creditors of the person losing, may have the same remedy against the winner as provided in section 434.030. ­­-------- (RSMo 1939 § 3393, A.L. 1953 p. 321) Prior revisions: 1929 § 3006; 1919 § 57…

434.050. Stakeholder liable. — Every stakeholder who shall knowingly receive any money or property, staked upon any betting declared gaming by the foregoing provisions, shall be liable to the party who placed such money or property in his hands, both before and after the determin…

434.060. Parents may recover minor's gaming losses. — If any minor shall lose any money or property at any game, gambling device, or by any bet or wager whatever, the parent or conservator of such minor may sue for and recover from the winner such money or property, or the value …

434.080. Interrogatories. — In all suits under this chapter, the plaintiff may call upon the defendant to answer, on oath, any interrogatory touching the case in the manner and form prescribed by the rules of civil procedure, and if the defendant shall refuse to answer, the same …

434.090. Action to be commenced in three months. — Any action for money or property brought under this chapter shall be commenced within three months from the time the right of action accrued, and not afterward. ­­-------- (RSMo 1939 § 3400) Prior revisions: 1929 § 3013; 1919 § 5…

434.100. Construction contracts holding harmless a person's negligence or wrongdoing are void and contra to public policy, exceptions. — 1. Except as provided in subsection 2 of this section, in any contract or agreement for public or private construction work, a party's covenant…

434.300. Definitions. — For purposes of sections 434.300 to 434.303, the following terms shall mean: (1) "Benefit recipient", the person who is the plan participant or authorized beneficiary under the plan entitled to receive a plan benefit; (2) "Pension assignee", an individual …

434.301. Transfer or assignment of rights prohibited — moneys and rights not subject to legal process — pension assignee prohibited from evading prohibitions. — 1. The right of any person to a plan benefit shall not be transferable or assignable, at law or in equity, and none of …

434.302. Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation. — 1. Any contract or agreement made in violation of section 434.301 is void. All sums paid to or collected by a pension assignee in violation of …

434.303. Attorney general may bring action, when — recovery procedures. — 1. Whenever it appears that any individual or entity is engaged or is about to engage in any act or practice which is in violation of section 434.301, the attorney general may bring an action in the circuit…

434.304. Actions under chapter 409 not prohibited. — Nothing in sections 434.301 to 434.303 shall prohibit any action permitted under chapter 409. ­­-------- (L. 2014 H.B. 1217)

435.012. Notice, contents of, effect of insufficient notice. — 1. In order to insure that all parties to an arbitration proceeding are aware of their rights under the provisions of sections 435.350 to 435.470, the notification served upon the parties by the arbitrator pursuant to…

435.014. Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential. — 1. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation or mediation, then no person who se…

435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arisi…

435.355. Proceedings to compel or stay arbitration. — 1. On application of a party showing an agreement described in section 435.350, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the…