Common Breach of Contract Defenses by Attorney Steve®
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
-
5:39
Attorney Steve® Legal News
1 year agoCommon deposition objections by Attorney Steve®
5 -
0:46
Attorney Steve® Legal News
1 year agoBurdens of proof in a civil lawsuit by Attorney Steve®
8 -
17:32
Barry Zalma, Inc. on Insurance Law
3 years agoDefenses to the Tort of Bad Faith
25 -
0:29
KPattorney
1 year agoProtect Your Rights: Disclose Your Preexisting Injuries to Your Attorney!
1 -
2:04
KMTV
4 years agoContractor dispute
25 -
1:45:22
RebelLyon369
9 months agoCommon Law
76 -
8:31
zalma
3 months agoReal Property Damage Required for Defense
641 -
13:11
Barry Zalma, Inc. on Insurance Law
3 years agoA Video Explaining the Ethical Basis of the Covenant of Good Faith and Fair Dealing
37 -
8:28
Barry Zalma, Inc. on Insurance Law
10 months agoCriminal Lawyer Effectively Defended Child Abuser
133 -
26:49
AlFurqanAlHaqq
11 months agoBusiness Law 2.1
7