Affirmative Defenses In California For Breach Of Contract
Description
How to fill out Answer With Specific Denials And Admissions Along With Denial Of Sufficient Knowledge Or Information To Form A Belief As To Certain Allegations?
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FAQ
An affirmative defense is one of the most common types of defenses against a breach-of-contract claim. In an affirmative defense, you do not contest the claims of the plaintiff; however, you do contest that there were additional factors that render the breach of contract claim irrelevant.
If you were not legally able to agree to the contract, you might argue that you lacked capacity. For example, if a fast-talking salesman got you to agree to buy a home exercise machine, but you are a minor, you can argue that the contract is not enforceable against you because you lacked capacity.
Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. If you want the court to consider your legal defenses you MUST include them in your Answer. Therefore, any possible defense you might want the court to consider at trial should be in your Answer.
Most defenses to breach of contract are "affirmative defenses." Affirmative defenses are reasons given by the defendant as to why a plaintiff in a case should not win, even if what the plaintiff says is true. To support an affirmative defense, you must assert facts or circumstances that render the breach claim moot.
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.