Missouri Contracts Legal Questions

A "lawyer's letter", as you call it, is an attempt to settle a case before the parties incur the time and expense of litigation.  Having an attorney send it is meant to show that you should be taken seriously, in that you have already consulted an attorney and are ready to go to court if necessary.  A demand letter It is never a requirement, much less one sent by an attorney.  Unless you feel that sending a "lawyer's letter" is likely to get you a quick favorable settlement, don't send it; the cost of hiring an attorney is generally not worth it in a small claims case. Although you didn't ask, there are 2 things I noticed in your question that trouble me.  First, you are planning to bring this in small claims court.  Given that the entirte job has to be done over, it is hard for me to believe that the damages are small enough for the case to be heard in small claims court, where jurisdiction is generally limited to claims for no more than a few thousand dollars. Second, you mention that the contractor has a business.  Is that business its own entity, like a corporation or llc?  If so, was your contract with the entity, or the individual?  Individual owners of a business entity, like a corporation or llc, are generally not personaly liable for the contracts of the entity.  If the contract is with the entity, that is who you will have to sue for breach of contract, not the individual (although the individual may still be liable for negligence if you can show that he personally was negligent in performing the work). If you obtain a judgment which is not paid, there will be many collection procedures open to you, including the ability to cause the judgment debtor's assets to be sold in order to pay his/its judgment. ... Read More

You have the right to rescind a contract if the other party materially breaches it, as it appears the contractor did.  However, although I don't know specifically about Missouri small claims courts, most small claims courts don't have the power to grant equitable (nonmnetary) relief, such as rescinding a contract and compelling the contractor to provide you with a lien waiver.  You would probably have to sue in a court of general jurisdiction.... Read More

I don't think you have a case.  You didn't ask about ATT's politics before entering into the contracts, it didn't lie to you and had no duty to disclose its politics in negotiating a normal commercial contract.  Even now, while you state that you didn't know about the ATT President's poitics before entering into the contracts, for fall short of claiming that you wouldn't have entered them if you had  known.  Also, the politics of ATT's President, with whom you have no contract, is not necessarily the politics of the corporation, nor does the fact that you disagree with the politics of ATT's president mean that the money you pay ATT or one of its subsidiaries is being spent on any political purpose.  All that being said, my gut is that a court might feel some sympathy for your position if the president had expressed sympathy for some really far out political group, like the American Nazi Party.... Read More

While there are some rare exceptions (including, in some states, a gift in contemplation of marriage, like an engagement ring), the general rule is that once a gift is given, the giver loses all rights in it, so that if your boyfriend gave you the phone free and clear, with no conditions, he can't now take it back.  The problem is proving it.  He may claim, for example, that he didn't give you the phone,but only  loaned you the phone to use while you were together.  I assume that you have nothing in writing to prove what happened, so that if the matter went to court, it might wind up being his word against yours.... Read More

Most contracts which involve installment payments contain what are known as "acceleration clauses", which provide that if there is a default the entire amount becomes immediately due and payable.  If you look at your contract, I bet you will find it there.  As for a breach of the peace, that is a matter for the police, but you probably won't get far complaing about a past breach of the peace, rather than an ongoing one.... Read More

If you have a contract signed by the employer, you can enforce it; you are under no obligation to renegotiate, or to accept less pay or a lessert title.  BUT, unless the employment contract has a  specific duration (e.g "this contract will run for 3 years") or specific limits on why you can be fired (e.g. "for the duration of this agreement, employee will only be terminated for good cause, which is defined as ... "), your new employer can simply fire you and get out of its obligations that way.  In most (maybe all) U.S. jurisdictions, employees who don't have the types of contractual protection set forth above can be fired for any reason not specifically prohibited by statute (e.g. based on their race, religion, etc. and in some jurisdictions for being a whistleblower).... Read More

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car.  If the car is taken by an entity other than the creditor, you may still be liable to the creditor for payment on the contract that you signed.  These matters are complex and you should always consult an attorney for help.  In order to properly assess the case, any attorney would need more details.    Henry C. ServiceAttorney at Law   1601 East 18th Street | Suite 370 | Kansas City, MO 64108-1600 | Office 816.286.4140 | Fax 800.616.0297 henry@servicelaw.net | http://www.servicelaw.net... Read More