Breach of Contract
What Defenses are there to a breach of contract claim?
There are many defenses to a breach of contract claim and that is why it is important to contact a lawyer to assert your rights. Several of the common defenses that we see in our practice include:
- The contract was not put in writing: This does not automatically mean that the claim is not valid. We may be able to hold the person accountable to the contract even though the contract was not in writing.
- Mistake in the contract: Sometimes there is a mistake that was put in the contract when you signed it. There are ways to still enforce the contract even though there is a mistake. Typically it will boil down to whether the mistake was unilateral or bilateral or whether there was fraud by the other party.
- Lack of capacity: Although more rare than the previous two defenses, the other party can claim that they did not have the capacity to contract. They may claim that they were too young or not cognitively aware of the contract they were entering into.
- Contract is unconscionable: Another common defense is that the contract is unconscionable and grossly unfair.
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What kind of lawyer should I hire for my contract issue?
It is important to hire lawyers who work on contract cases because they can be very complex. Every case is different—just like every contract is different. We look at the language of the contract and determine the rights of the aggrieved party. Once we look at the language of the contract and compare it to the available law we come up with a strategic game plan with the client.
How do I know if I have a Breach of Contract Claim?
It is difficult to determine if you have a breach of contract claim without looking at the actual contract, but if you or your business feels like the other party did not live up to their responsibilities under a contract then you might have a claim. A contract breach can occur in many ways:
- The failure to perform the contract as was originally promised
- Purposely making it impossible for you to perform your end of the contract
- Revoking the contract
If someone has not honored a contract with you or your business, contact the Krause and Kinsman Law Firm. We will look at your contract and closely analyze the language in order to determine your rights. Our firm will work with you to come up with a game plan that serves your interests. We generally work on a contingency fee basis, which means you don’t have to pay unless we win your case.