Breach of contract is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when another person or entity breaches an enforceable written or verbal agreement (contract) by breaking one or more promises in the agreement.
In Missouri, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether written or oral. To successfully claim a breach of contract in a Missouri court, the plaintiff must typically prove the existence of a valid and enforceable contract, performance or tendered performance by the plaintiff, breach of the contract by the defendant, and resulting damages. Missouri recognizes several types of breaches, including material breaches, which go to the essence of the contract, and minor breaches, which may only result in nominal damages. The statute of limitations for breach of contract in Missouri is generally five years for written contracts and ten years for contracts involving the payment of money. Remedies for breach of contract can include compensatory damages, specific performance, or restitution, depending on the circumstances of the case.