Chapter 431 General Provisions as to Contracts
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 diligence in the institution and prosecution of a suit against the obligor, maker or debtor, for the recovery of the money or property due, or damages in lieu thereof;
(2)If the obligor, maker or debtor is insolvent, or is not a resident of this state, so that a suit would be unavailing or could not be instituted.
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 money or any debt or duty, or the performance of any matter or thing, for the use of any county, shall be valid and effectual to vest in such county all the rights, interests and actions which would be vested in any individual, in any such contract made directly to him.
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 contingent or conditioned upon receipt of a payment from any other private party, including a private owner, is no defense to a claim to enforce a mechanic's lien pursuant to the provisions of chapter 429.
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 Osteopathic Association or the American Medical Association and such person is incapable of giving informed consent for an experimental treatment, test or drug, then such treatment, test or drug may proceed upon obtaining consent of a legal guardian, attorney-in-fact, or a family member in the following order of priority:
(1)Spouse unless the patient has no spouse, or is separated, or the spouse is physically or mentally incapable of giving consent, or the spouse's whereabouts is unknown or the spouse is overseas;
(4)Brother or sister;
(5)Relative by blood or marriage.
2.Nothing in this section shall authorize such legal guardian, attorney-in-fact, or family member to consent to treatment in contravention to such incapacitated person's expressed permission regarding such treatment.
3.In a life-threatening emergency, consent of such an incapacitated person to any research program or experimental procedure shall not be required when the institutional review board responsible for the review, approval, and continuing review of the research activity has approved both the research activity and a waiver of informed consent and has both found and documented that the requirements for an exception from informed consent requirements for emergency research, as provided under Part 50 of Title 21 or Part 46 of Title 45 of the Code of Federal Regulations, as amended, have been satisfied.
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 by some other act than a verbal promise to pay the same; and the following acts on the part of such person after he becomes eighteen years of age shall constitute a ratification of such debt:
(1)An acknowledgment of, or promise to pay such debt, made in writing;
(2)A partial payment upon such debt;
(3)A disposal of part or all of the property for which such debt was contracted;
(4)A refusal to deliver property in his possession or under his control, for which such debt was contracted, to the person to whom the debt is due, on demand therefor made in writing.
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 was acquired.
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 permission or authorization of his or her parent or guardian.
2.Any person sixteen years of age may donate blood, if that person obtains written permission or authorization from his or her parent or guardian.
3.No person under the age of eighteen shall receive compensation for any blood donated without the written authorization of his or her parent or guardian.
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 be guilty of a misdemeanor, and responsible for double the purchase price of such fruit trees, vines, shrubs, plants or bulbs as damage, to be recovered by the purchaser of same.
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.
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 431.058 to 431.062, the following terms shall mean:
(1)"Adult", a person who is eighteen years of age or older;
(2)"Child" or "minor", a person who is under eighteen years of age;
(3)"Educational services", enrollment of a child in a school to which the child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities;
(4)"Health care provider", a person who is licensed, certified, registered, or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility;
(a)A child's parent by birth or adoption;
(b)A child's legal guardian; or
(c)Any person who under court order is authorized to give consent for a child;
(6)"Relative caregiver", a competent adult who is related to a child by blood, marriage, or adoption who is not the parent and who represents in the affidavit described under subsection 8 of this section that the child lives with the adult and that the adult is responsible for the care of the child.
2.A relative caregiver acting pursuant to an affidavit described under subsection 8 of this section may consent to the medical treatment provided for under section 431.061 and for educational services for a child that a child cannot otherwise legally consent to if:
(1)The parent has delegated in writing the parent's authority to consent to such medical treatment or educational services; or
(2)After reasonable efforts have been made to obtain the consent of the parent for the medical treatment or educational services, the consent of the parent cannot be obtained.
3.The consent of a relative caregiver under this section shall be superceded by any contravening decision of the parent, provided the decision does not threaten the life, health, or safety of the child.
4.If the child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given the affidavit under this section.The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection.
5.An affidavit under this section expires one year after the date it is given to the health care provider or school.If the date the affidavit is given to a health care provider or school is unknown, it shall expire one year after the date the relative caregiver signs the affidavit.
6.Nothing in this section relieves a parent of liability for payment for medical treatment or educational services provided to a child pursuant to the valid consent of a relative caregiver under this section.
7.Nothing in this section shall be construed to create a cause of action against a relative caregiver who has complied with the provisions of this section.
8.A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following information:
(1)The name of the child;
(2)The child's date of birth;
(3)The relative caregiver's name and date of birth and the address at which the relative caregiver lives with the child;
(4)The relationship of the relative caregiver to the child;
(5)The driver's license or identification card number of the relative caregiver;
(6)The contact information of the parent;
(7)A description of any attempts that the relative caregiver has made to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child, and of any response to the relative caregiver provided by the parent;
(8)If applicable, a signed and dated delegation of authority to the relative caregiver by the parent to consent to educational services or medical treatment;
(9)If applicable, the reason why the relative caregiver is unable to contact the parent to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child;
(10)The date the relative caregiver signed the affidavit; and
(11)A declaration under penalty of perjury that the named child lives with the relative caregiver, that the relative caregiver is a competent adult and eighteen years of age or older and that the information provided in the affidavit is true and correct.
9.The affidavit permitted by this section may be in form and content substantially as follows:
|THE STATE OF ______|
|COUNTY OF ______|
|Before me, the undersigned authority, personally appeared ______ (relative caregiver), who, being by me duly sworn, deposed as follows:|
|My name is ______, and I am of sound mind and am over eighteen (18) years of age. My date of birth, address, contact information, and driver's license or identification card numbers are ______. I am competent to testify to the following facts and matters:|
|I am a relative caregiver to ______ (name of child), whose date of birth is ______. My relationship to the child is ______. The above-mentioned child is living with me at ______ (address) because of the following ______ (description of reasons why child lives with relative caregiver and any attempts that the relative caregiver has made to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child, and any response to the relative caregiver provided by the parent). The contact information for the parent is ______ (if known).|
|(If applicable) Attached is a signed and dated delegation of authority to me by the parent to consent to educational services or medical treatment.|
|(If applicable) The reason why I am unable to contact the parent to advise the parent of my intent to consent to medical treatment or educational services for the child is ______|
|In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.|
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 from all further liability to him for such indebtedness, without impairing his right to demand and collect the balance of such indebtedness from the other debtor or debtors thereof, and not so released; provided, that no such release shall impair the right of any debtor of such indebtedness, not so released, to have contribution from his codebtors, as is by law now secured to him.
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, plants or bulbs at a time and season proper for the planting and growth of such fruit trees, vines, shrubs, plants or bulbs, said contract shall be voidable at the option of the purchaser, who shall have the further right of recovery for any damage they may incur by the failure to receive said fruit trees, vines, shrubs, plants or bulbs at a proper season for the planting and growth of said fruit trees, vines, shrubs, plants or bulbs.
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 shall have fulfilled his contract, shall be entitled to recover the just value of such work, labor and material, though such authorities or agent may not, in making such contract, have pursued the form of proceedings prescribed by law.
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.
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.
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 to any such instrument shall not in any manner affect its force, validity or character, or in any way change the construction thereof.
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 otherwise, to any surgical, medical, or other treatment or procedures, including immunizations, not prohibited by law:
(1)Any adult eighteen years of age or older for himself;
(2)Any parent for his minor child in his legal custody;
(3)Any minor who has been lawfully married and any minor parent or legal custodian of a child for himself, his child and any child in his legal custody;
(4)Any minor for himself in case of:
(a)Pregnancy, but excluding abortions;
(c)Drug or substance abuse including those referred to in chapter 195;
(5)Any adult standing in loco parentis, whether serving formally or not, for his minor charge in case of emergency as defined in section 431.063;
(6)Any guardian of the person for his ward;
(7)Any relative caregiver of a minor child as provided for under section 431.058.
2.The provisions of sections 431.061 and 431.063 shall be liberally construed, and all relationships set forth in subsection 1 of this section shall include the adoptive and step-relationship as well as the natural relationship and the relationship by the half blood as well as by the whole blood.
3.A consent by one person so authorized and empowered shall be sufficient notwithstanding that there are other persons so authorized and empowered or that such other persons shall refuse or decline to consent or shall protest against the proposed surgical, medical or other treatment or procedures.
4.Any person acting in good faith and not having been put on notice to the contrary shall be justified in relying on the representations of any person purporting to give such consent, including, but not limited to, his identity, his age, his marital status, and his relationship to any other person for whom the consent is purportedly given.
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, or other treatment or procedures for himself, his spouse, his child and any child in his legal custody.
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.
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.
431.069 - 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 tissues, including but not limited to corneas, bones, hearts or other organs for the purpose of injecting, transfusing or transplanting any of them into the human body is declared to be, for all purposes, the rendition of a service by every person, firm, or corporation participating therein and, whether or not any remuneration is paid therefor, is declared not to be a sale of such whole blood, plasma, blood products, blood derivatives or other tissues, bones or organs for any purpose subsequent to enactment of this section.It is further declared that any implied warranties of merchantability and fitness for a particular purpose shall not be applicable as to a defect that cannot be detected or removed by reasonable use of scientific procedures or techniques.Nothing herein shall relieve any person, firm or corporation from negligence.
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 mentioned, shall import a consideration, and be due and payable as therein specified.
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 survivors.
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, contracts, agreements or writings made to him.
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 shall have full legal capacity to act in his own behalf for the purpose, and shall have all the rights, powers and privileges and be subject to the obligations of persons of full age with respect to the contracts and notes.
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 payments pursuant to the terms of the contract.
2.Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against a person who has failed to pay.The court may in addition to any other award for damages, award interest at the rate of up to one and one-half percent per month from the date payment was due pursuant to the terms of the contract, and reasonable attorney fees, to the prevailing party.If the parties elect to resolve the dispute by arbitration pursuant to section 435.350, the arbitrator may award any remedy that a court is authorized to award hereunder.
3.The provisions of this section shall not apply to contracts for private construction work for the building, improvement, repair or remodeling of owner-occupied residential property of four units or less.
4.For purposes of this section, design or construction work shall include design, construction, alteration, repair or maintenance of any building, roadway or other structure or improvement to real property, or demolition or* excavation connected therewith, and shall include the furnishing of surveying, architectural, engineering or landscape design, planning or management services, labor or materials, in connection with such work.
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 where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent, or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent.For the purposes hereof, an "emergency" is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.
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 contract of such agent, duly executed on behalf of such county, shall bind such county if pursuant to law and such order of the commission.
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 pursuant to subsection 1 of section 416.031 if:
(1)Between two or more corporations or other business entities seeking to preserve workforce stability (which shall be deemed to be among the protectable interests of each corporation or business entity) during, and for a reasonable period following, negotiations between such corporations or entities for the acquisition of all or a part of one or more of such corporations or entities;
(2)Between two or more corporations or business entities engaged in a joint venture or other legally permissible business arrangement where such covenant seeks to protect against possible misuse of confidential or trade secret business information shared or to be shared between or among such corporations or entities;
(3)Between an employer and one or more employees seeking on the part of the employer to protect:
(a)Confidential or trade secret business information; or
(b)Customer or supplier relationships, goodwill or loyalty, which shall be deemed to be among the protectable interests of the employer; or
(4)Between an employer and one or more employees, notwithstanding the absence of the protectable interests described in subdivision (3) of this subsection, so long as such covenant does not continue for more than one year following the employee's employment; provided, however, that this subdivision shall not apply to covenants signed by employees who provide only secretarial or clerical services.
2.Whether a covenant covered by this section is reasonable shall be determined based upon the facts and circumstances pertaining to such covenant, but a covenant covered exclusively by subdivision (3) or (4) of subsection 1 of this section shall be conclusively presumed to be reasonable if its postemployment duration is no more than one year.
3.Nothing in * subdivision (3) or (4) of subsection 1 of this section is intended to create, or to affect the validity or enforceability of, employer-employee covenants not to compete.
4.Nothing in this section shall preclude a covenant described in subsection 1 of this section from being enforceable in circumstances other than those described in subdivisions (1) to (4) of subsection 1 of this section, where such covenant is reasonably necessary to protect a party's legally permissible business interests.
5.Nothing is this section shall be construed to limit an employee's ability to seek or accept employment with another employer immediately upon, or at any time subsequent to, termination of employment, whether said termination was voluntary or nonvoluntary.
6.This section shall have retrospective as well as prospective effect.
431.056 - Minor's ability to contract for certain purposes — conditions.
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 postsecondary school, obtaining medical care, establishing a bank account, admission to a shelter for victims of domestic violence, as that phrase is used in sections 455.200 to 455.220, a rape crisis center, as defined in section 455.003, or a homeless shelter, and receipt of services as a victim of domestic violence or sexual assault, as such terms are defined in section 455.010, including but not limited to counseling, court advocacy, financial assistance, and other advocacy services, if:
(1)The minor is sixteen or seventeen years of age; and
(2)The minor is homeless, as defined in subsection 1 of section 167.020, or a victim of domestic violence, as defined in section 455.010, unless the child is under the supervision of the children's division or the jurisdiction of the juvenile court; and
(3)The minor is self-supporting, such that the minor is without the physical or financial support of a parent or legal guardian; and
(4)The minor's parent or legal guardian has consented to the minor living independent of the parents' or guardians' control.Consent may be expressed or implied, such that:
(a)Expressed consent is any verbal or written statement made by the parents or guardian of the minor displaying approval or agreement that the minor may live independently of the parent's or guardian's control;
(b)Implied consent is any action made by the parent or guardian of the minor that indicates the parent or guardian is unwilling or unable to adequately care for the minor.Such actions may include, but are not limited to:
a.Barring the minor from the home or otherwise indicating that the minor is not welcome to stay;
b.Refusing to provide any or all financial support for the minor; or
2.A minor who is sixteen years of age or older and who is in the legal custody of the children's division pursuant to an order of a court of competent jurisdiction shall be qualified and competent to contract for the purchase of automobile insurance with the consent of the children's division or the juvenile court.The minor shall be responsible for paying the costs of the insurance premiums and shall be liable for damages caused by his or her negligent operation of a motor vehicle.No state department, foster parent, or entity providing case management of children on behalf of a department shall be responsible for paying any insurance premiums nor liable for any damages of any kind as a result of the operation of a motor vehicle by the minor.
3.A minor who is sixteen years of age or older and who is in the legal custody of the children's division pursuant to an order of a court of competent jurisdiction shall be qualified and competent to contract for the opening of a checking or savings bank account with the consent of the children's division or the juvenile court.The minor shall be responsible for paying all banking-related costs associated with the checking or savings account and shall be liable for any and all penalties should he or she violate a banking agreement.No state department, foster parent, or entity providing case management of children on behalf of a department shall be responsible for paying any bank fees nor liable for any and all penalties related to violation of a banking agreement.
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 431.061:
(1)His consent shall not be subject to disaffirmance or revocation because of minority;
(2)The parent, parents, conservator, or relative caregiver shall not be liable for payment for such care unless the parent, parents, conservator, or relative caregiver has expressly agreed to pay for such care;
(3)A physician or surgeon may, with or without the consent of the minor patient, advise the parent, parents, conservator, or relative caregiver of the examination, treatment, hospitalization, medical and surgical care given or needed if the physician or surgeon has reason to know the whereabouts of the parent, parents, conservator, or relative caregiver.Such notification or disclosure shall not constitute libel or slander, a violation of the right of privacy or a violation of the rule of privileged communication.In the event that the minor is found not to be pregnant or not afflicted with a venereal disease or not suffering from drug or substance abuse, then no information with respect to any appointment, examination, test or other medical procedure shall be given to the parent, parents, conservator, relative caregiver, or any other person.
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 property provider for the transportation of property shall, after the property has been delivered in good condition by the transportation provider to the agreed-upon destination within the agreed-upon time limitation, make all scheduled payments pursuant to the terms of the contract or within thirty days if no time is specified in the contract.
2.Any person who has not been paid in accordance with subsection 1 of this section may bring an action in a court of competent jurisdiction against any person who has failed to pay.
3.Retailers who sell and service industrial, maintenance and construction power equipment or outdoor power equipment as defined in section 407.850 and who do warranty repair work for a consumer under provisions of a manufacturer's express warranty, shall be reimbursed by the manufacturer for the warranty work at an hourly labor rate that is the same or greater than the hourly labor rate the retailer currently charges consumers for nonwarranty repair work.
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 the policy of insurance due to the death of his spouse, the insuror may pay the proceeds of the policy, not to exceed ten thousand dollars, to the minor beneficiary without the necessity of conservatorship or any other proceedings in any court.
2.The signed acknowledgment of the minor beneficiary shall constitute a legal receipt.
3.The acknowledgment of the minor beneficiary shall not be subject to disaffirmance upon the minor attaining twenty-one years of age.