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Joy, Lawyer
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I’m being sued for breach of contract by American Express

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I’m being sued for breach of contract by American Express National Bank. I received a law suit to be sued. I purchased a template to respond to the summons. It has General Denial A request for disclosure and Affirmative Defense prayer for relief. My question ? How to respond using affirmative defenses
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Texas
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello! I am happy to be of service. Here are some affirmative defenses for breach of contract.

Termination of a Contract for Cause. Often, the actual contract terms provide for one party to unilaterally terminate a contract and cease performance due to circumstances which usually include misconduct by the other party. The explicit language of the contract will spell out exactly what constitutes “cause” and the steps one must take to formally terminate the agreement and stop performing.

  • Prior Material Breach. A common defense to a breach of contract lawsuit is that the contract was actually breached by the plaintiff before the defendant stopped performance. That is, if one party to a contract commits a “material breach” of the contract terms, the other party is excused of their duties under the agreement. In order for a breach of contract to be considered “material” under the law, it must be so significant that it deprives the other party of the benefits that could have been reasonably anticipated from full performance under the contract. If the breach of contract is not material, there is no excuse for the other party to cease performance and such would likely result in a breach of contract lawsuit for damages and attorneys’ fees.
  • Repudiation. If one party to a contract unjustifiably absolutely and unconditionally refuses to perform a contract, this amounts to repudiation and the other party is free to terminate the contract and they are excused of their contractual obligations.
  • Equitable Estoppel. When the enforcement of a contract would lead to an unjust result, the defendant to a breach of contract lawsuit can claim the defense of equitable estoppel.
  • Defense of Fraud. A defendant in a breach of contract lawsuit can claim fraud as a defense if it can be shown that the plaintiff induced him into entering the contract through false representations which were both material and relied upon by the defendant
  • Statute of Limitations Defense to Breach of Contract.Generally, in Texas the statute of limitations for enforcement of a contract is 4 years from the breach. So, if a party stops making payments under a loan or other agreement and the other party waits over 4 years to file a lawsuit, the defendant could assert the statute of limitations as a defense.
Customer: replied 13 days ago.
It been 6 months

Do you mean 6 months since you have been sued?

Customer: replied 13 days ago.
I'm sorry ,I received the suit 6 days ago.

Yes, there is time for you to answer the suit. You should have received instructions on the time in which you are allowed to file an answer with the pleadings.

Customer: replied 13 days ago.
Yes It’s 20 days

Take your time and draft your answer and file by the deadline.

Do you have any additional questions for me?

Customer: replied 13 days ago.
Yes one more question when using an affirmative defense am I allowed to ask for the right to add additional affirmative defenses

You may use as many affirmative defenses as you believe apply.

Customer: replied 13 days ago.
Thank you

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