Sample Answer Affirmative Defenses For Breach Of Contract
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FAQ
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.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
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.
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.
