What are the Most Common Affirmative Defenses to a Breach of Contract Claim?
Our MLG Business Litigation Group attorneys in Florida know that when two or more parties enter a contract, the outcome may fall short of one of the party’s expectations. When that is true, one party may file a lawsuit against the other for breach of contract.
If your Florida business is being sued for breach of contract, it is important to partner with a skilled team of litigation lawyers to raise all affirmative defenses early, so you will not be prevented from doing so later.
An affirmative defense does not contest the primary claims or facts of the allegation but renders the breach moot by asserting certain circumstances or mitigating factors that led to it.
Here is how we can help.
When it comes to business litigation and breach of contract claims, countless types of affirmative defenses can be presented inside and outside the courtroom.
Some of the most common assertions may include:
- The contract is illegal.
- The statute of limitations has expired.
- You lacked the capacity to contract, voiding the agreement.
- The contract was supposed to be in writing, negating an oral agreement.
- The essential terms were never agreed upon, making the contract unenforceable.
- You were fraudulently prompted to enter a contract under duress, lies, or undue influence.
- The contract is grossly unfair, with the more powerful party taking advantage of the other by forcing unfair conditions, clauses, or waivers.
This is not an exhaustive list of affirmative defenses, as there are limitless possibilities our Florida business litigation attorneys design for each of our client’s unique needs.
Call MLG Business Litigation Attorneys in Florida Today to Discuss Your Case
Contact our MLG Business Litigation Group attorney in Florida today at 888-904-2524 for a free case evaluation. We can help you understand your complete legal rights and options to get your business back on track.