Title XXVIII — CONTRACTS AND CONTRACTUAL RELATIONS

431.010. Private seals abolished. — The use of private seals in written contracts, conveyances of real estate, and all other instruments of writing heretofore required by law to be sealed (except the seals of corporations), is hereby abolished, but the addition of a private seal …

431.020. Instrument of writing to import consideration — due and payable as specified. — All instruments of writing made and signed by any person or his agent, whereby he shall promise to pay to any other, or his order, or unto bearer, any sum of money or property therein mention…

431.030. Provisions limiting time for bringing suits prohibited. — All parts of any contract or agreement hereafter made or entered into which either directly or indirectly limit or tend to limit the time in which any suit or action may be instituted, shall be null and void. ­­--…

431.040. Fraud in sale of nursery stock — damages recoverable. — Any person, firm or corporation doing business in this state as nurserymen or tree dealers, who shall falsely represent the grade or variety of any fruit trees, vines, shrubs, plants or bulbs which they sell, shall …

431.050. Failure of nurserymen to deliver at proper time and season, contract voidable. — Any nurserymen or tree dealers who shall sell and contract to deliver any fruit trees, vines, shrubs, plants or bulbs for planting, and shall fail to deliver said fruit trees, vines, shrubs,…

431.055. Persons competent to contract when eighteen years of age. — The legal age at which a person becomes competent to contract in Missouri is eighteen years and any rule or provision of the common law to the contrary is hereby abrogated. ­­-------- (L. 1974 2d Ex. Sess. S.B. …

431.056. Minor's ability to contract for certain purposes — conditions — immunity from liability, when. — 1. A minor shall be qualified and competent to contract for housing, employment, purchase of an automobile, receipt of a student loan, admission to high school or postseconda…

431.058. Relative caregiver may consent to immunization of child, when — definitions — parental decision supercedes relative caregiver — notice when child stops living with relative caregiver — limitations on liability, when — affidavit requirements. — 1. As used in sections 431.…

431.060. Contracts by persons under eighteen years of age — ratification necessary — how made. — No action shall be maintained whereby to charge any person upon any debt contracted before such person becomes eighteen years of age, unless such person shall have ratified the same b…

431.061. Consent to surgical or medical treatment, who may give, when. — 1. In addition to such other persons as may be so authorized and empowered, any one of the following persons if otherwise competent to contract, is authorized and empowered to consent, either orally or other…

431.062. Minor cannot disaffirm contract, when — parents or guardian not liable, exception — disclosure by physician authorized, when. — Whenever a minor is examined, treated, hospitalized, or receives medical or surgical care under subdivision (4) of subsection 1 of section 431.…

431.063. Implied consent, when valid — lack of consent, when excused — emergency defined. — In addition to any other instances in which a lack of consent is excused or in which a consent is implied at law, a consent to surgical or medical treatment or procedures shall be implied …

431.064. Experimental treatment, tests, and drugs, consent to administer by third party — life-threatening emergencies, consent by whom. — 1. When an adult person, because of a medical condition, is treated by a teaching hospital for a medical school accredited by the American Os…

431.065. Minor spouse or parent may give consent, when. — Any minor who has been lawfully married and any minor parent or legal custodian of a child, if otherwise competent to contract, shall be considered an adult for the purpose of entering into a contract for surgical, medical…

431.066. Insurance benefits payable directly to minor, when — validity of receipt — disaffirmance prohibited. — 1. When any minor eighteen years or older, being married, and the beneficiary of a policy of insurance on the life of his spouse becomes entitled to any benefits under …

431.067. Contracts of minors to borrow money for higher education — validity. — Any minor may execute legally binding promissory notes and may legally contract to borrow money to defray the necessary expenses of attending any accredited university, college or conservatory, and sh…

431.068. Persons seventeen or older may donate blood — written permission required for sixteen-year-olds. — 1. Notwithstanding the provisions of section 431.061, any person seventeen years of age or older may donate blood voluntarily without the necessity of obtaining the permiss…

431.069. Acquiring human tissues declared to be rendition of a service — transfusions or transplants declared not a sale — implied warranties, how limited. — The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human…

431.070. Contracts with counties, effect. — All notes, bonds, bills, contracts, covenants, agreements or writings made whereby any person shall be bound to any county, or to the inhabitants thereof, or to the governor, or to any other person, in whatever form, for the payment of …

431.080. Suit may be instituted thereon. — Suits may be commenced and prosecuted thereon in the name of such county, or in the name of the person to whom they are made, to the use of the county, as fully and effectually as any person may or can, upon like notes, bills, bonds, con…

431.090. County commission may appoint agent to contract for county. — The county commission may, by an order entered of record, appoint an agent to make any contract on behalf of such county for erecting any county buildings, or for any other purpose authorized by law; and the c…

431.100. Claims against county for work and labor. — If a claim against a county be for work and labor done, or material furnished in good faith by the claimant, under contract with the county authorities, or with any agent of the county lawfully authorized, the claimant, if he s…

431.110. Joint contracts to be construed as joint and several. — All contracts which, by the common law, are joint only, shall be construed to be joint and several. ­­-------- (RSMo 1939 § 3340) Prior revisions: 1929 § 2953; 1919 § 2155; 1909 § 2769 CROSS REFERENCE: Joint liabili…

431.120. Joint debt shall survive, against whom. — In case of the death of one or more of the joint obligors or promisors, the joint debt or contract shall and may survive against the heirs, executors and administrators of the deceased obligor or promisor, as well as against the …

431.130. Survival of debt, against whom. — When all the obligors or promisors shall die, the debt or contract shall survive against the heirs, executors and administrators of all the deceased joint obligors and promisors. ­­-------- (RSMo 1939 § 3342) Prior revisions: 1929 § 2955…

431.140. Joint obligations — suit brought against whom. — In all cases of joint obligations and joint assumptions of copartners or others, suits may be brought and prosecuted against any one or more of those who are so liable. ­­-------- (RSMo 1939 § 3343) Prior revisions: 1929 §…

431.150. Creditor may compound with one of several debtors — release — what sums. — It shall be lawful for every creditor of two or more debtors, joint or several, to compound with any and every one or more of his debtors for such sum as he may see fit, and to release him or them…

431.160. Assignor shall not release demand, when — title of assignee. — It shall not be in the power of the assignor of a demand, after assignment, to release any part of it, nor shall any assignee obtain greater title thereto or interest therein than the person had from whom it …

431.170. Action against assignor by assignee, when. — The assignee of a bond, nonnegotiable note or account, may maintain an action against the assignor, upon failure to obtain payment from the obligor, maker or debtor, only in one of the following cases: (1) If he use due dilige…

431.180. Contract for private design or construction work, scheduled payments — action for failure to pay, interest — arbitration — application. — 1. All persons who enter into a contract for private design or construction work after August 28, 1995, shall make all scheduled paym…

431.181. Payments for the transportation of property to be made within thirty days after delivery, when — warranty repair work, reimbursement, rates. — 1. Any person who enters into a contract with a transportation of property provider or an agent acting for a transportation of p…

431.183. Payment contingent upon payment from third party, not a defense to enforcement of lien. — Any provision in a contract, agreement or understanding that provides that a payment from a contractor to a subcontractor, trade contractor, specialty contractor or supplier is cont…

431.202. Employment covenants enforceable, when — reasonability presumption. — 1. A reasonable covenant in writing promising not to solicit, recruit, hire or otherwise interfere with the employment of one or more employees shall be enforceable and not a restraint of trade pursuan…

431.204. Business covenants on employment, customers, and disposing of ownership interest — presumed enforceable, when — modification by court, when. — 1. A reasonable covenant in writing promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere…

[Repealed or reserved.]

432.030. Assignment of wages. — All assignments of wages, salaries or earnings must be in writing with the correct date of the assignment and the amount assigned and the name or names of the party or parties owing the wages, salaries and earnings so assigned; and all assignments …

432.040. Representations of credit to be in writing. — No action shall be brought to charge any person upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such representation o…

432.045. Credit agreements, defined — action by debtor on certain credit agreements prohibited unless in writing — contents of written statement requirement — oral modification permitted, when. — 1. For the purposes of this section, the term "credit agreement" means an agreement …

432.047. Credit agreements, actions not to be maintained, when — credit agreement defined. — 1. For the purposes of this section, the term "credit agreement" means an agreement to lend or forbear repayment of money, to otherwise extend credit, or to make any other financial accom…

432.050. Leases, not in writing, operate as estates at will. — All leases, estates, interests of freehold or term of years, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, made or created by livery and seisin only, or by parole, an…

432.060. Leases to be assigned in writing. — No leases, estates, interests, either of freehold or term of years, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall at any time hereafter be assigned, granted or surrendered, unles…

432.070. Contracts, execution of by counties, towns — form of contract. — No county, city, town, village, school township, school district or other municipal corporation shall make any contract, unless the same shall be within the scope of its powers or be expressly authorized by…

432.080. Duplicate copies to be made and preserved. — In every case of contract entered into by any county, city, town, village, school township, school district or other municipal corporation, or by any officer or agent on their behalf, duplicate copies of the same shall be exec…

432.200. Title. — Sections 432.200 to 432.295 shall be known and may be cited as the "Uniform Electronic Transactions Act". ­­-------- (L. 2003 H.B. 254)

432.205. Definitions. — As used in sections 432.200 to 432.295, the following terms shall mean: (1) "Agreement", the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agr…

432.210. Scope. — 1. Except as otherwise provided in subsection 2 of this section, sections 432.200 to 432.295 apply to electronic records and electronic signatures relating to a transaction. 2. Sections 432.200 to 432.295 shall not apply to a transaction to the extent it is gove…

432.215. Prospective application. — Sections 432.200 to 432.295 apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after August 28, 2003. ­­-------- (L. 2003 H.B. 254)

432.220. Use of electronic records and electronic signatures — variation by agreement. — 1. Sections 432.200 to 432.295 do not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in el…

432.225. Construction and application. — Sections 432.200 to 432.295 shall be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the cont…

432.230. Legal recognition of electronic records, electronic signatures, and electronic contracts. — 1. A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. 2. A contract shall not be denied legal effect or enforceabili…