What are the defenses to a breach of contract claim?
The defenses to a breach of contract claim in Maryland are as follows: 1. Mutual Mistake - A mistake made by both parties when entering into the contract can be used as a defense to a breach of contract claim. 2. Impossibility of Performance - If one of the parties is unable to fulfill the terms of the contract due to an event which is outside of their control, such as an act of God or destruction of the subject matter of the contract, it can be used as a defense. 3. Unconscionability - A contract can be found to be unconscionable if one of the parties does not have the mental capacity to understand the terms of the contract or if one of the parties took advantage of the other due to their position of power. 4. Estoppel - This defense can be used if one of the parties relied on a promise made by the other party and was injured from that reliance. 5. Statute of Limitations - Under Maryland law, the statute of limitations for breach of contract is three years, meaning that a claim must be brought within this time period in order for it to be valid. 6. Waiver - This defense can be used if one of the parties had the right to enforce the contract but chose to waive that right. 7. Accord and Satisfaction - This defense can be used if one of the parties agrees to resolve a dispute by accepting a lesser amount than they are owed. These are the seven main defenses to a breach of contract claim in Maryland. It is important to note that these defenses may not apply in every situation and it is best to consult with an attorney prior to bringing a claim.
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