What are the defenses to a breach of contract claim?

In Kansas, there are several defenses to a breach of contract claim. Generally, these defenses can be broken down into legal defenses, such as lack of consideration, impossibility, illegality, and statute of limitations, or into factual defenses, such as ignorance of the law, fraud, duress, and incapacity. Legal defenses generally seek to excuse the party from their responsibility to perform the contract. For example, in a breach of contract claim, the defense of lack of consideration means that the contract is void because the services provided or the promises made by each party are not of equal value. Another example is impossibility, which means that performance is impossible due to conditions beyond the parties’ control. In addition, illegality may be used as a defense if the terms of the contract are illegal or in violation of public policy. Lastly, the statute of limitations defense may be used if the breach of contract claim is brought too long after the contract breach. Factual defenses focus on the behavior of the parties to the contract. For example, if one party was unaware of the terms of the contract, they may be able to raise the defense of ignorance of the law. Additionally, if one party was coerced into an agreement, they can raise the defense of duress. Lastly, an incapacity defense can be used if one party had a mental or physical condition which made them unable to understand the terms of the contract. In sum, there are several defenses to a breach of contract claim in Kansas. These legal and factual defenses can be used by a defending party to avoid responsibility for the breach of contract.

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