There are instances where the parameters of a contract are egregious, or a party writes the contract so confusingly that it is difficult to understand the exact terms of the agreement. Confusing terms can make it hard to tell if you have broken the deal, for it can be a pure accident. The following are possible defenses for breach of contract. Show
What Does the Plaintiff Have to Prove in Breach of Contract Cases?California courts layout the following framework that the plaintiff must prove to succeed in a breach of contract claim:
In simplest terms, it is possible to sue for breach of contract if the other party does not hold up their end of the deal or violates the arrangement. So, successful defenses for breach of contract avoid and combat this framework. Defenses for Breach of Contract:There are many ways to defenses for breach of contract accusation, and below is a list of possible defenses. If accused of breaching a contract, the best thing you can do is to get a lawyer and talk to them about how best to proceed. Outside of the Statute of LimitationsThe statute of limitations is a deadline for one to file a suit or make a complaint. As per the California Code of Civil Procedure 337, the statute of limitations of breach of contract cases requires a party to file within four years. The limit begins once the non-breaching party discovers that the other party has broken the contract. For instance, if parties sign and agree upon a contract in 2020, but one does not realize that the other party violated the agreement until 2021. The statute of limitations to file suit would begin on the 2021 discovery date. If the party you entered into a contract with files their suit outside the statute of limitations, then it is unlikely a judge will hear their case. There Was No Breach of ContractIt may be the case that the defendant has not violated any of the agreement terms. To uphold a contract, it is essential to:
Failure to State a Claim Upon Which Relief Can be GrantedUsing this defense means there are no grounds for claiming that one has breached the contract. This defense is helpful in the following scenarios:
Failure to MitigateThis defense is helpful if the plaintiff did not take the reasonable steps to prevent or diminish damages they claim to have endured. So while the defendant may be partially or primarily responsible, there may have been some steps the plaintiff neglected to take. There is a Mistake or Error in the ContractIf someone files suit against another for breach of contract, a viable defense is to point out a mistake in the contract. The error should be essential to the agreement for this defense to be effective. The Contract is IllegalCalifornia Civil Code 1608 states that if any part of the consideration is unlawful, the entire contract is void. It is not possible to contract illegal acts. For example, a contract stating “person A must steal from every business on Hollywood Boulevard” is not enforceable. Because the law prohibits stealing, a contract cannot compel anyone to commit illegal acts. It is legal to breach a contract if it states that one must perform an unlawful act. The Pretenses Upon Which You Entered Into the Contract Were FraudulentSometimes, people enter into contracts based on false information. If this is the case, it may be an adequate defense for breaching a contract. California Civil Code 1572 states that fraud occurs when an individual intends to deceive another person into a contract. Instances may include:
Prevented from PerformanceIn some instances, an individual has the full intention and ability to fulfill the contract requirements when they first sign it. However, sometimes situations change, and people may become unable to perform what they agreed to do. California Civil Code 1511 states that individuals are exempt from completing what they agreed to in the contract in the following circumstances:
Failure of Condition PrecedentCalifornia Civil Code section 1498 states that there can be a condition precedent for contracts. Condition precedent means that if the plaintiff fails to follow a specific part of the contract necessary to receive payment from the defendant, it is lawful to breach the agreement. For example, say you and a contractor sign a contract stating that the contractor will cut down a tree in your front yard and take it away. If the contractor does not do this yet sues you for not paying them, you can use this defense since they failed to perform an action necessary for them to get the payment. There was No Damage to the PlaintiffIn some instances, the defendant has breached the contract and admits to it but still wants to defend themself to lessen the charges. Claiming no damages makes it possible to argue that, despite one breaching the contract, this caused no harm to the plaintiff, and therefore the payments should be lowered or dropped. Contact Pride LegalIf you or a loved one is filing a suit or is being sued for breach of contract, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them. What is the period of limitation for filing a case on breach of contract?For compensation for the breach of any contract, express or implied, not herein specially provided for. Three years When the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or (where the breach is continuing) when it ceases.
How long is CA statute of limitations?Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. Statutes can be extended (“tolled”) for various reasons.
How long is a contract good for in California?Under section 337 of California's Code of Civil Procedure, most written contracts have a four-year statute of limitations.
How do I sue for breach of contract in California?“To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.
|