Affirmative Defenses To Breach Of Contract
Breach Of Contract Affirmative Defenses
Affirmative Defenses To Breach Of Contract Claim
Facing a breach of contract lawsuit as a person, business or entity means that you may have to pay the plaintiff a certain amount for damages if you lose the case. So, you need an experienced lawyer that can meticulously review your situation and help you explore all your options. After reviewing your situation, your lawyer will discuss with you the appropriate defense to use for your case.
What Are Affirmative Defenses?
Contract Affirmative Defenses
Affirmative defenses are reasons and evidence provided by the defense to show why the plaintiff should not win the case. These defenses are meant to help the defense side win the case even if the plaintiff’s claims of breach of contract are true. To learn more about affirmative defenses to breach of contract contact an experienced lawyer near you.
Affirmative Defenses For Breach Of Contract Cases
Affirmative Defenses Texas
While plaintiffs have to provide evidence to prove that the defendant breached the contract, the defendant is expected to provide arguments about other issues in the contract that could make the whole contract void. In other words, they are not defenses meant to disprove the evidence presented by the plaintiff about the breach of contract
Defenses that can be used in a breach of contract case include:
- Inducement: defense could argue that the defendant was coerced or manipulated to get into the contract without the other party giving them all the information needed to make an informed decision. Or they could say that the plaintiff gave them fraudulent information.
- Indefinite Contract: Every contract must set a time period for the life of the contract. If there is no specific date when the contract should end, the defense can argue that the contract is unenforceable. This is also applicable if the contract does not include pricing information.
- Impossibility of performance: The defendant can argue that unavoidable circumstances such as a destructive natural event or death have made it impossible for them to abide by the terms of the contract.
- Statute of Limitations: The defense could argue that the statute of limitations has expired and the case needs to be dismissed as a result. Texas law dictates that a breach of contract claim must be filed within four years. Some contracts lessen it to two years.
- Statute of frauds: Some contracts are required to be in writing and signed to be enforceable. A defendant can use this defense if the contract was supposed to be in writing and signed but was not in writing.
- Novation: When parties enter into a completely new and valid contract agreement to replace the old agreement, the old contract may become unenforceable.
- Mutual or unilateral: Sometimes both parties are mistaken about the terms of the contract or one party was mistaken and the other was not. In this situation, the defense can argue that the contract cannot be enforced because of the mistake.
- Accord and satisfaction: If the parties had agreed to solve a claim by agreeing to new terms that are less stringent than the ones on the original contract, the defense will have to prove that these new terms exist.
You May Also Be Interested In…
- Joint Tenants With Right Of Survivorship
- Requirements For Lease Options In Texas
- Texas Real Estate Contract Law