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Loren
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Category: Business Law
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Experience:  30 years experience representing clients .
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What are some of the legal defenses that may be raised in a

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What are some of the legal defenses that may be raised in a breach of contract lawsuit?
Submitted: 5 years ago.
Category: Business Law
Expert:  Loren replied 5 years ago.
Hello,

Let's see, failure of consideration, lack of valid offer or acceptance, illegality, incompetence of a party, fraud in the inducement, Statute of Frauds, impossibility of performance, etc...

Did I hit the one you are looking for?

Feel free to ask a follow up if you need more information.
Customer: replied 5 years ago.
Could you give me a tad of more information, than just a list with the ending of ect...?
Expert:  Loren replied 5 years ago.
Too broad a question for this type of forum. There are entire books and law school courses dedicated to this subject. Can you be more specific about what you are looking for? Are you being sued? If so, what is the nature of the contract and alleged breach?
Customer: replied 5 years ago.
No, none of the above... Just asking in general, with maybe a little more information... like maybe something on the Statute of Frauds
Expert:  Loren replied 5 years ago.
Statute of Frauds originates in in 15th century English law and requires certain contracts to be in writing.

The types of contracts covered are:

1. Contracts for the sale of goods above a certain value.
2. Contracts in consideration of marriage.
3. Contracts lasting more than a year.
4. Contracts to transfer an interest in land
5. Surety contracts (where someone acts as a guarantor for the debt or obligation of another)
6. Contracts by the executor of a will.

In law school they teach a trick to remember the types covered. It is the words MY LEGS
(Marriage Year Land Executor Goods Surety)

If someone is sued for breach of contract for say an oral contract involving the transfer of an interest in land the defendant could raise the statute of frauds (as embodied in modern statute) as their defense to the suit.

By the way, this is one of the simpler defenses to breach of contract. But it's fun having an academic discussion once in a while. Thanks for asking. Hope you found it informative.

Good luck.

Loren, Attorney
Category: Business Law
Satisfied Customers: 20263
Experience: 30 years experience representing clients .
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