Breach of Contract: Defenses

A number of defenses are available to defendants who are sued for breach of contract. For example, a defendant might assert that no breach was committed because the parties never actually formed a contract due to the lack of an offer, an acceptance, consideration, mutuality of obligation, or a writing. Alternatively, a defendant might assert that he or she lacked capacity to enter the contract, arguing that the contract should be declared void on the grounds that the defendant was incompetent, insane or intoxicated at the time it was entered.

The law also affords defendants several other defenses in breach of contract actions. They include: (1) unconscionability; (2) mistake; (3) fraud; (4) undue influence; and (5) duress. Each of these are discussed below.

Inside Breach of Contract: Defenses