Section 7.10 Elements of a Breach-of-Contract Claim

• Library: Contracts 2016 Supp

C. (§7.10) Elements of a Breach-of-Contract Claim

It is axiomatic that a petition for breach of contract must state all
the elements of a breach-of-contract claim. Missouri appellate opinions vary significantly in stating both the number and the content of the elements of a breach-of-contract claim. See, e.g., Norber v. Marcotte, 134 S.W.3d 651, 657 (Mo. App. E.D. 2004); Rhodes Eng’g Co. v. Pub. Water Supply Dist. No. 1 of Holt County, 128 S.W.3d 550, 560 (Mo. App. W.D. 2004); Leo Journagan Constr. Co. v. City Utils. of Springfield, Mo.,116 S.W.3d 711, 717 (Mo. App. S.D. 2003). Nevertheless, these opinions are generally consistent in their requirements—the difference being that some courts consider certain requirements to be part of one element and others consider them to be distinct elements.

Stated most simply, a breach-of-contract action requires a party to plead:

a...