How to Defend Against a Breach of Contract Claim
One of the most common business disputes involves a breach of contract, where lawsuits are filed because one party believes another party has failed to deliver on the terms of a written – or sometimes oral – contract, writes Romy Jurado in a blog article for Jurado & Farshchian.
She discusses several factors to consider when faced with a breach of contract dispute, including statute of limitations has expired, fraud in the inducement, duress, impossibility of performance, and mutual or unilateral mistakes.
“Typically, most business people do not want to be in a situation where they feel compelled to breach a contract before the end of its term,” she writes. “Being upfront with the other party may relieve you from liability for bad faith or malicious dealing, and it may preclude the possibility of having to settle the matter through litigation.”
