Defending yourself from breach of contract lawsuit with an affirmative defense

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Saving yourself from a breach of contract lawsuit involves having several affirmative defenses. This blog article explains how you can get out of a contract by taking advantage of those defenses. The courts of California afford defendants with several defenses in breach of contract actions. Among these are:

• The contract was ambiguous. The plaintiff did not clearly state some aspects of the contract. Ambiguity makes it hard for you, as the defendant, to respond.

• There was breach of contract by the plaintiff. The plaintiff failed to comply with the terms of the transaction by changing the terms of the contract without your consent or failing to pay you.

• You were induced to enter into a contract. A contract will be invalid if it was induced under duress or undue influence. The plaintiff made you enter into the contract against your will by taking unfair advantage of your mental incapacity or by using threats or force.

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• A mistake was made. There’s a mistake involving the terms that were agreed upon by the contracting parties. You can defend yourself by proving that the mistake was mutual.

• There was fraud, deceit, or misrepresentation. Part of the contract, if not all of it, resulted from fraud, deceit, or misrepresentation by the plaintiff or another party.

If you’re charged with breach of contract, the law allows you to claim as many defenses as possible. Deciding which defenses work best for you is crucial, and seeking help from legal experts like Evan Granowitz and Thomas Gallagher is a wise move.

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The Evan Granowitz Twitter page offers some helpful information about breach of contract and other legal matters. TAGS: breach of contract, breach of contract defenses, breach of contract affirmative defenses, contract breach defenses, contract defenses, breach of contract lawsuit