Section 7.12 Statute of Limitations
| Library | Contracts 2016 Supp |
1. (§7.12) Statute of Limitations
The statute of limitations is an affirmative defense that must be raised by the defendant or it is waived. Rule 55.08; Storage Masters-Chesterfield, L.L.C. v. City of Chesterfield, 27 S.W.3d 862, 865 (Mo. App. E.D. 2000). The statute of limitations for breach of an oral contract is five years. Section 516.120(1), RSMo 2000; Duncan v. Estate of Booker, 816 S.W.2d 705, 708 (Mo. App. S.D. 1991). The statute of limitations for breach of a written contract is ten years. Section...
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