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How can you defend against alleged breach of contract?

On Behalf of | Mar 25, 2024 | Business Law And Litigation |

If you’ve been in business for a while, then you know that you need to be careful when you negotiate and sign off on business contracts.

A seemingly minor mistake in the process can lead to serious ramifications for you and your business, including lost revenues and damage to your reputation.

The same holds true if you’ve been accused of breaching a contract. So, if you’ve been accused of failing to adhere to the terms of a contract, then you need to know how to properly defend yourself.

Defense strategies when facing breach of contract allegations

The specific defense that you implement in your case is going to depend on the facts at hand. That said, here are some defense strategies that you should contemplate if you’ve been accused of breach:

  • Present evidence that you were fraudulently induced to agree to the terms of the contract.
  • Show that under the circumstances it’s no longer possible for you to comply with the terms of the agreement.
  • Argue that the terms of the contract are too ambiguous, vague, or incomplete to support a showing of breach.
  • Demonstrate that there was a mistake of fact when the contract was created, thus justifying rescission rather than a finding of breach.
  • Show that the contract is so one-sided as to be extremely unfair and thus unconscionable.
  • Argue that the other party has acquiesced to the breaching behavior and has thus waived their right to take legal action against you.

Use effective defense tactics in your breach of contract case

If you want to protect your and your business’s interests in a breach of contract case, then now is the time to start building your defense. We know that can be daunting to think about, but this isn’t a process that you have to face on your own.

So, consider what you need to feel comfortable navigating the process, then develop a strategy that works for you and your business.


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