Hi I’m Reed Bloodworth an Orlando Florida attorney. Today I’m going to talk to you about common defenses to breach of contract.
Defenses to Breach of Contract
- Were you fraudulently induced to this contract?
- Is it a legal contract?
- Was the other party being truthful with you?
There are many. Regarding some of those examples is it a legal contract? A contract that is for an illegal act is void on its face. You cannot enter into an illegal contract and then have someone seek to enforce that contract against you.
Fraudulent inducement. When you were being told the facts pertaining to this contract was the other party being truthful with you? If they were not then you may have been fraudulently induced into entering into this contract.
It’s also the statute of frauds. The statute of frauds requires certain contracts to be in writing. If they’re not in writing then they’re going to be unenforceable.
Contracts That Must Be in Writing
Contracts that are required to be in writing include:
- Contracts that must be performed over the course of more than one year
- Contracts that are for more than a certain amount of money
- Must be executed in a certain fashion
And then there are also in terms of estate and trust things there has to be an actual writing pertaining to wills or trusts and they must be executed in a certain fashion. There’s many other defenses to breach of contract. These are some of the most common ones.
If you have been sued for breach of contract or are being threatened to be sued for breach of contract it’s very important that you contact an attorney discuss what’s going on with your situation and make sure you have a knowledgeable attorney looking out for you.
Again my name’s Reed Bloodworth an Orlando Florida attorney. I’ve been practicing commercial litigation business litigation and estate and trust litigation since 2004. Give me a call. Let’s discuss what happened to you.