Missouri
How Angel v. Murray applies in Missouri: state-specific rules, key cases, and bar exam notes for Contracts.
Missouri follows the subjective theory of contract interpretation, emphasizing mutual assent and consideration in contract modification. Modifications that are made in good faith and cause a benefit to both parties can be enforceable under Missouri law.
In Missouri, a contract modification must be supported by consideration unless the modification is made in reliance on a prior, valid agreement that is not unreasonably detrimental to one party.
The Missouri court upheld that contract modifications require consideration unless established through a binding agreement.
Reiterated that contracts without consideration are generally unenforceable unless ratified by subsequent performance.
Affirmed that modifications made under duress or with elements of bad faith are void.
Missouri's approach aligns closely with the federal standard articulated under the Restatement (Second) of Contracts, particularly regarding modification requirements and the necessity of consideration. However, Missouri places a stronger emphasis on the good faith of the parties during modifications.
Understanding the treatment of contract modifications, particularly in light of the Angel v. Murray case, is crucial for the Missouri bar exam, as questions frequently assess issues of enforceability and contract terms.