Defenses to a Breach of Contract Lawsuit 

 Posted on December 16, 2024 in English

Even with the best of intentions, disputes sometimes arise in the course of business. Often, these take the form of accusations that there has been a breach of contract, such as that a party to the contract failed to perform an important contractual obligation. If the contract dispute ends up in court, there are common breach of contract defenses that the party accused of breaching the contract can claim. An experienced Falls Church contract dispute attorney can advise on the most effective breach of contract defenses in your case.

What Are Common Breach of Contract Defenses?

There are many defenses to a breach of contract lawsuit. Most of these are called "affirmative" defenses, meaning that you would not argue that the contract was not breached, but rather that some aspect of the contract makes it or the disputed portion legally void. The effectiveness of a defense will depend on the terms of the contract and the facts of your case.

• Not in writing: Although generally a contract need not be in writing in order to be enforceable, there are some agreements that must legally be in writing in order to be valid and enforceable. If your agreement falls under one of these categories and it is an oral agreement, you could raise this defense.

• Force majeure: A force majeure clause states that in the event certain natural or manmade acts beyond the parties’ control (such as hurricanes or acts of war) occur, they may excuse having to fulfill contractual obligations. If such an event occurs, you could use this as a defense to your failure to perform your contractual obligation.

• Repudiation: If a party repudiates a contract, they state with words or actions that they do not plan to perform their contractual obligations.

• Illegality: You cannot legally contract to do something illegal, even if you did not know that it was illegal when you signed the agreement. If the contract requires your performance of an illegal action, you can raise this defense to excuse your nonperformance.

• Lack of consideration: For a contract to be valid and enforceable, both parties must have obligations to perform under a contract. If, for example, you agree to provide computer repair services to your friend, but your friend does not have to pay you anything or do anything in return, there is no consideration and that is not a valid contract. Another related defense is insufficient consideration, such as if you agree to pay someone a very small amount for an item that is worth much more.

• Unconscionability: A contract is unconscionable if it is unfair or abusive to one party. For example, a contract may be deemed unconscionable if there is a large power imbalance between the parties and the terms are highly biased in favor of the powerful party.

Contact a Falls Church, VA Breach of Contract Attorney

If you have been sued for breach of contract, there are important defenses that you can turn to to protect your business in litigation. An experienced Great Falls, VA business dispute attorney will work with diligence and attentiveness to build a strong defense to the breach of contract claims. At Salvado Law Offices our professionals are here to assist your business. Call us at 301-933-1814 for a consultation.