What are the most common defenses used in a business litigation case?

The most common defenses used in a business litigation case in Washington are the same defenses used in many other states. These defenses include: 1. Estoppel- A defendant in the case can argue that they had a reasonable belief that a particular action was legal, and that it would be inequitable for them to assume the burden of any liability stemming from that action. 2. Statute of Limitations- This defense is used to argue that the claim is no longer valid because too much time has passed since the action in question occurred. 3. Unconscionability- The defense of unconscionability can be used by a defendant to argue that the contract is so one-sided and unfair that it should not be enforced. 4. Discharge in Bankruptcy- If a company files for bankruptcy, the court may rule that certain debts are discharged, meaning that they no longer need to be paid. 5. Immunity from Liability- This defense is often used to argue that the defendant should not be held liable because they did not have the requisite intent or knowledge to be liable for the alleged wrong. 6. Statute of Frauds- This defense is often used to argue that a contract or agreement is invalid because it was not in writing as required by law. Ultimately, the most common defense used in a business litigation case in Washington will depend on the specific facts of the case. The defendant must be able to articulate why they believe their particular defense applies to their situation. Additionally, a strong argument must be presented in order for the court to accept the defense.

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What are the most common defenses used in a business litigation case?

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