Defenses Against Breach of Contract Claims

What is an Affirmative Defense in a Breach of Contract?

A defense against a breach of contract may also be referred to as “affirmative defenses”. This means that the party being sued does not contest against the claims but instead defends with facts or circumstances that positioned the party to enter into the breach of contract.

If you are faced with a contract dispute regarding a breach of contract, you should obtain aggressive legal guidance from our team. We can provide you with the defense necessary to not only protect your interests but to respond with arguments that defend your position.

Common Defenses Regarding Contract Disputes

The manner in which your legal defense is framed will affect the overall result.

You can potentially claim that the contract was:

• Not properly memorialized in writing
• Impossible to perform
• Unconscionable
• A contract of adhesion
• Illegal

If you were fraudulently induced into entering the contract because it was created on a foundation of lies, while under duress, or by undue influence, you can use this as a strong defense. Estoppel is another defense for when a party makes a statement excusing the performance of the agreement.

Serving Business Owners Throughout New Jersey

Under the law, individuals who are sued for a breach of contract can claim as many defenses as they wish. With the legal assistance of our Monmouth County business attorneys, your rights can be protected as we aggressively defend your interests.

With more than 50 years of combined experience, we know the laws that relate to your case and can use this knowledge to fight for your reputation and business. Breach of contract lawsuits are often complex and require the strong defense of a knowledgeable lawyer from our firm. We can discuss the facts of your claim and help you fight to protect your rights.