Contract Disputes and Property Disputes in Mississippi

A contract in Mississippi is a legal agreement to exchange something of value. Contract disputes arise when the parties involved fail to perform contractual obligations. The final adjudication of contract disputes is under the jurisdiction of Mississippi courts. The judiciary also maintains court records of the proceedings.  

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such platforms may make searching simpler, as they are not limited by geographic location. Third-party sites may also feature search tools that may ease the process of finding specific or multiple records. To conduct searches via a third-party or government website, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Therefore, the accuracy, availability, or record results cannot be guaranteed.

What are Contract Disputes in Mississippi?

Contract disputes are disagreements, which arise when one or both parties fail to perform contractual obligations or perform contrary to the agreement unsatisfactorily.

What are the Most Common Contract Disputes in Mississippi?

Any combination of entities may enter a contract in Mississippi, i.e., private individuals, businesses, corporations, and public agencies. Some of the common contract disputes in the state involve:

• Employment contracts: Disputes that arise in employment contracts involve wage disputes, discrimination and harassment claims, severance agreements, and wrongful termination. Another example is a dispute regarding intellectual property created with company resources.
• Insurance contracts: Here, the disputes involve contests of the insurance policy, e.g., incontestability clauses, anti-lapse clauses, appraisal clause, co-insurance clause, and multiple coverage clause.
• Relationship contracts: The kinds of contract disputes that arise here often stem from the terms of a cohabitation contract, prenuptial or post-nuptial agreement, or divorce settlements. These contracts specify how couples plan to handle debt, property, and financial assets during and after a relationship.
• Real estate contract: The disputes that arise in real estate may involve proprietor and tenant or contract disputes between business partners. These disputes often stem from transactions, contingency, terms of purchase agreements, and responsibility for repairs.
• Construction contract: The disputes that arise here go both ways. Generally, these arise when the contractor fails to complete the contract within the specified period, the owner withholds payments, or either party changes the scope or specifications of the constructions.

What is Mississippi Contract Law?

Mississippi Contract Law is a body of statutes and common law that govern the creation and enforcement of a contract between competent parties in the state. The law also makes provisions for the remedies for a breach of contract. Title 87 (Contracts and Contractual Relations) of the Mississippi Code embodies the state contract laws.

What is a Breach of Contract in Mississippi?

A breach of contract in Mississippi occurs when one or more parties renege on the terms of a contract. According to the Mississippi State Bar, a breach may arise in three ways viz:

• Failure to perform;
• Tortious interference, i.e., hindering the other party from performing; and,
• Repudiation, i.e., declaring an intent to breach the contract.

What are the Remedies for a Breach of Contract in Mississippi?

In most cases, usually in real estate contract disputes, the court often requires both parties to work out the difference via arbitration and mediation. Filing a civil claim is only a resort when the injured party has made reasonable efforts to reconcile the breach. According to Mississippi state laws, the remedies of a contract breach are viz:

• Damages: Damages in Mississippi may be compensatory or punitive. The court typically awards the latter where the injured party proves that the defendant breached the contract with malice (Miss. Code § 11–1–65). Damages are compensatory in that the court award is based on the reasonable estimation of the loss incurred. However, the court may also award damages to cover the cost of executing the contract thus far.
• Specific Performance: Here, the court orders the defendant to fulfill obligations to execute the contract based on the stipulated terms. Contrary to this, the defendant may risk severe civil penalties or criminal liability for contempt of the court.
• Rescission: A rescission is simply an unwinding that restores the status of the parties as though they never made a contract. Note that rescission does not apply to every contract and the court only orders it at the discretion of the presiding judge.  
• Cancellation: If the injured party seeks cancellation, the court holds a trial. A cancellation effectively terminates the contract by judicial order. 

Per Miss. Code § 15–1, the statute of limitation on a contract depends on whether the contract is written or unwritten. Claimants for written contracts have a window of three (3) to six (6) years, while claims for the breach of unwritten contracts have a window of one (1) to six (6) years. Furthermore, during the court trials, the plaintiff must establish a breach of contract while the defendant must prove that there was no breach per the terms of the contract or state laws. Both parties must use evidentiary materials to support arguments and claims for favorable adjudication.  

What Defenses Can Be Used Against a Breach of Contract Claim in Mississippi?

The following legal arguments may be used when attempting to nullify a claim of breach of contract in Mississippi:

• Duress
• Mistake of fact
• Negligence
• Fraud
• Unconscionability
• Incapacity to contract
• The illegality of the contract
• Tortious interference

What are Property Disputes in Mississippi? 

Property disputes in Mississippi are civil cases involving disputes on property ownership, rights, and responsibilities. Per Title 89 of the Mississippi Code, these disputed properties may be real estate or personal property, tangible or intangible.

What Are Some Common Types of Property Disputes in Mississippi?

Some of the commonly reported property disputes in Mississippi involve:

• Real estate fraud
• Landlord-tenant dispute
• Intellectual property dispute
• Easement dispute
• Boundary dispute
• Right to minerals
• Water rights disputes
• Boundary lines

How to Find Property Lines

Property lines or boundary lines are defined points that show the boundaries of adjoining parcels of land. Interested individuals may find information on property lines on survey reports or property records at the county assessor’s office.

How do I Find a Property Dispute Lawyer Near me?

Interested persons may consult the lawyer directory of the Mississippi bar.