What are the defenses to a breach of contract claim?

In California, there are several defenses that can be used if a person is accused of breaching a contract. These defenses are available to any party involved in the contract, not just the party that is accused of breaching the contract. One potential defense is ‘impossibility’ or ‘impracticability.’ If a party can show that the contract could not possibly be fulfilled due to an unforeseeable event, they cannot be held liable for breaching the contract. For instance, if a snowstorm prevents a party from completing an obligation, they may be excused from the contract. The defense of ‘frustration of purpose’ can also be used. This defense applies when an event occurs that was not foreseeable that renders the contract completely ineffective and makes it difficult or impossible to complete the contract. This defense is sometimes used when a contract is affected by drastic changes in the law or market conditions. The defense of ‘mutual mistake’ applies when both parties to the contract are mistaken about a basic assumption of the contract. The mistake must have been made at the time of entering the contract and must be material to the contract in order for the defense to be valid. The defense of ‘unconscionable contracts’ can be used when one party to the contract takes advantage of the other party’s lack of knowledge or bargaining power to get a more favorable deal. This defense can be used if the terms of the contract are so unfair or one-sided that it should not be enforced. Finally, the defense of ‘illegality’ can be used if the purpose of the contract is illegal or the performance of the contract would be in breach of a law or regulation. This defense can also be used if one of the parties does not have the legal authority to enter into the contract.

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