What are the defenses to a breach of contract claim?

Under South Carolina law, there are several defenses to a breach of contract claim, including impossibility, illegality, mutual mistake, duress, undue influence, public policy, impracticability, and lack of consideration. Impossibility occurs when it is impossible to perform the terms of the agreement due to an unforeseeable event. For instance, if one party contracted to do something and then a natural disaster prevented them from doing so, they might be able to claim impossibility. Illegality defense is when the contract involves an illegal act, and it is determined that the contract should be voided due to the illegality of the act. Mutual mistake happens when both parties to the contract make an error or mistake as to the terms of the agreement. This could occur if both parties misunderstand some material fact relating to the contract. Duress means that one of the parties was forced into the contract by some type of coercion. This could include threats of physical violence or the fear of reputational harm. Undue influence occurs when one of the parties uses their influence over the other to pressure them into signing a contract. This does not necessarily have to be physical force. Public policy defense is when the court declares the contract to be against public policy, because it is contrary to principles of fairness and justice. Impracticability means that it has become very difficult or impractical to fulfill the terms of the agreement due to some significant event. Finally, lack of consideration happens when one of the parties to the contract fails to provide any sort of valuable consideration, which is an essential element in any contract.

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