What are the defenses to a breach of contract?

In California, there are several defenses to a breach of contract. The most common defense is that of impossibility. If a party is unable to fulfill their contractual obligations due to an event that was beyond their control, such as an act of nature or war, then they may not be held liable for the breach. Another defense is that of frustration of purpose. This applies when a party enters into a contract under the assumption that the purpose of the contract will be fulfilled, but due to an unforeseen event, the purpose of the contract is no longer viable. The defense of unconscionability is also a defense against a breach of contract. This applies when a contract or clause of a contract is so one-sided that it is overly unfair to one of the parties. This can be applied if one party was not adequately informed of the terms of the contract or did not understand them fully. The defense of good faith can also be used if a breach of contract was caused by the fault of another party. This applies if the other party acted in bad faith or with the intention of misleading to get an unfair advantage. Lastly, the defense of duress can be used if one party was forced to enter into a contract by threats or coercion. This can make the contract void, meaning that the party cannot be held liable for the breach. These are the most common defenses used in California for a breach of contract. However, if the contract is complex or the facts of the breach are unclear, it is recommended to seek the advice of a lawyer experienced in contract law.

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