Common Breach of Contract Defenses by Attorney Steve®

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WHAT ARE SOME COMMON DEFENSES FOR BREACH OF A CONTRACT?

1. Lack of enforceable agreement: The defendant may argue that a valid and enforceable contract never existed between the parties.

2. Impossibility of performance: The defendant may claim that it was impossible to fulfill the obligations stated in the contract due to unforeseen circumstances or events beyond their control.

3. Mutual mistake: Both parties may argue that they made a mistake about a fundamental aspect of the contract, such as the subject matter or terms, and therefore, the contract should be void.

4. Unconscionability: The defendant may assert that the contract is so one-sided or unfair that it is unconscionable and therefore unenforceable.

5. Duress or undue influence: The defendant alleges that they were coerced, pressured, or manipulated into entering the contract under circumstances that vitiate their consent.

6. Failure of a condition precedent: The defendant may argue that a condition precedent mentioned in the contract has not been met, and therefore, they are not obligated to perform their part of the contract.

7. Statute of limitations: The defendant asserts that the plaintiff took too long to file a lawsuit for breach of contract, and it is now barred by the applicable statute of limitations.

8. Performance was excused or discharged: The defendant claims