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Missouri's long-arm statute provides for personal jurisdiction over a non-resident defendant that has transacted any business within the state or has committed a tortious act within the state. At common law in Missouri, a tortious act committed outside with a resultant injury within Missouri was sufficient to permit jurisdiction.
and may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. Rule 14(a)(3): The original plaintiff may now assert claims against the third-party defendant, as long as they arise out of the transaction or occurrence that is ...
Inducing a breach of contract was a tort of accessory liability, and an intention to cause a breach of contract was a necessary and sufficient requirement for liability; a person had to know that he was inducing a breach of contract and to intend to do so; that a conscious decision not to inquire into the existence of a fact could be treated as ...
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation). The doctrine is effectively a form of strict liability . Negligence per se means greater liability than contributory negligence .
Kelle Ann Workman was 24 years old when she was last seen mowing grass June 30, 1989, at the Dogwood Cemetery in Douglas County, Missouri. After 35 years, 3 men charged in relation to 1989 Ozarks ...
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.