Below are five common defenses that defendants for a breach of fiduciary duties should carefully exam and see if these defenses apply. )yeJ0/EY'U9/L(Kk The burden of proving that a breach occurred is on the party who brought the suit. To support an affirmative defense, you must assert facts or circumstances that render the breach claim moot. 0000002991 00000 n An affirmative defense is one that, once asserted by a party, that party must prove the defense. Defenses to a breach of contract, however, are mostly what are known as affirmative defenses, which means that you, the defendant being accused of the breach, have the burden of proving your defense. You must justify your position with every possible argument. PDF 2 Attachment 4: Affirmative Defenses-Contract - California A mistake of fact or law can be an affirmative defense to a breach of contract claim. However, state law holds that certain types of contractual agreements must be in writing to be legally binding. Ann. Breach of Contract Defenses: Unclean Hands | LegalMatch LACK OF CAPACITY: The defendant lacked the legal capacity, whether because of age or mental condition (being high, drunk, or otherwise incapacitated), to agree to the contract. endstream The defenses do not necessarily dispute the plaintiff's primary claim but present the circumstances that should dismiss it. Defendants love their affirmative defenses. As a starting point, it is important to understand what an affirmative defense is and how it works in a legal dispute. In the broad body of laws called contract law, there are, in general, four types of defenses which may be used against a claim of a breach of contract, including: Anticipatory repudiation; Defense by waiver; Tortious interference; and. 0000001901 00000 n A contract is, in legal terms, a promise whose violation the law recognizes. The legal doctrine of promissory estoppel may be raised as an affirmative defense in a breach of contract claim. 0000006547 00000 n How does this affect the law, and what happens next? The information on this website is for general information purposes only. At the same time, the allegedly breaching party has a right to raise a defense. UpCounsel accepts only the top 5 percent of lawyers to its site. A Force Majeure refers to unforeseeable circumstances that allow certain types of contracts to stop. A breach of contract occurs when one or more parties don't fulfill a written or oral agreement. Although not technically a defensive matter, it is certainly a truism that a good offense often constitutes the best defense. There are many different defenses to a breach of contract action - reasons why you were not able to do what you were supposed to do under the contract, or why there never was a contract in the first place. When a party files for breach of contract, they set forth both the factual and legal allegations supporting how they were wronged by the defendant(s).
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affirmative defenses to breach of contract california