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Impossibility, impracticability, or frustration of purpose. In general, these defenses allege the breaching party could not perform their contractual obligations because of factors beyond their control. They would have performed but couldn't because circumstances made it impossible or impracticable to do so.
The most common defenses to enforcement of a contract or liability for damages are: Enforcement of the contract would violate public policy. ... Performance of the contract has become impossible or the purpose of the contract has become frustrated. ... The contract is illegal. ... The contract lacks consideration.
A reply to affirmative defenses generally contains the following elements, in this order: ? A caption ? Denials of the allegations of the affirmative defenses and a reply to same ? Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of ...
There are a number of defenses available to argue that a contract should not be enforced: Lack of formation. Lack of capacity. Lack of consideration.
If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.