Defenses to breach-of-contract claims – Any time two or more parties enter into a legally-binding agreement, whether oral or written, the participants who signed the document are bound by the terms and conditions of that contract for however long it exists. So, naturally, if one person does not hold up their end of the agreement, they are said to be in breach of contract.
Intentionally or unintentionally breaching a contract is never a good thing and can lead to you being sued or having to pay monetary damages to the offended party. But the law is not one-sided. There is a myriad of examples, whether it be in business law or family law, where a defendant in a breach-of-contract case has a legitimate defense for what happened.
Below are a few of the more common defenses in a breach-of-contract claim:
- Repudiation – The defendant can assert that, because of a disagreement with the contract, the plaintiff in the case showed clear intent to abandon, renounce, and refuse to perform their own obligations outlined in the contract.
- Revocation – In some situations, the accused party may be able to prove that they revoked the contract before the plaintiff accepted the terms.
- Illegality, Fraud, or impracticability – The defendant can prove the terms are illegal or fraudulent. Another defense is that the terms were impractical or impossible to perform.
- Duress – The defendant was coerced into signing the contract against his or her will.
- Modification – The original contract was altered in some way, and the defendant was only performing duties or obligations associated with the amended contract.
The bottom line is not all breach of contract cases are cut and dried. It is always a good idea to talk to a lawyer about your specific situation. Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue.
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