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The Basics Of Breach-Of-Contract Defense

5 February 2020

Dolores Rice

Breach-of-contract is a serious issue. If you sign a legally binding contract with someone, that means you have to hold up your end of that contract. It's important that you understand all of the terms, because if you fail to meet the terms you agreed to, you may find yourself facing a legal claim of breach-of-contract. The good news is that there are some ways to defend yourself. Here's what you need to know about the way that you might be able to defend yourself against a civil suit for a contract breach.

Impending Failure To Fulfill Obligations

One of the best possible defenses against a breach of contract claim can sometimes be one of the hardest to prove. If you failed to meet your obligations as a direct result of clear evidence that the other party was preparing to default, you might be able to defend against the claim by showing this proof in court. If you can prove that, in the absence of your breach, the other party would have breached the contract themselves, the courts may forgive your default.

Unenforceable Contract

If you defaulted on the contract because the terms of that contract were illegal, immoral, impractical, or fraudulent, you might have a justifiable defense against the breach. You will only have to show the court the clause that you've found meets these terms. The court will assess the language of the contract to determine if your claims are justified.

The contract may also be deemed unenforceable if you can show that you were forced to sign it against your will or you revoked it before both parties were able to actually agree to the contractual terms. You'll have to have evidence to document this, such as emails, text messages, or other communication.

Modified Terms

If you are facing a civil suit for breach-of-contract based on terms that were modified after the contract was signed, your civil suit may be based on the original contract terms. It's important that you get any contract modifications in writing because this written modification will be the proof that you need in court to defend yourself against the claim. In order for this to work, you'll have to be able to show that your actions were in accordance with the modified terms.

These are some of the most common ways to combat a claim of breach-of-contract. Talk with a civil litigation lawyer, like those at Hart Law Offices, PC, for help if you're facing a claim like this.

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