9.60 ELEMENTS OF DEFENSE: "UNDUE HARDSHIP" — STATUTORY DEFENSE is a type of legal defense used to argue that a person cannot be held liable for a breach of contract because the consequences of the breach would cause an undue hardship. This defense is available in certain circumstances, such as when the parties have not agreed to a specific provision in a contract. The types of 9.60 ELEMENTS OF DEFENSE: "UNDUE HARDSHIP" — STATUTORY DEFENSE can include substantial financial loss, a change in circumstances, or a breach of an implied term. In order for this defense to be successful, the person claiming the defense must prove that the hardship they would suffer is out of proportion to the other party’s interests. This defense can be used to argue that a contract should be modified or discharged, or that the affected party should receive damages instead.