What are the defenses to a breach of contract?

In Florida, a breach of contract occurs when one party fails to fulfill their duties as outlined in the agreement. Defenses to a breach of contract vary, but the three major defenses are impossibility of performance, unconscionability, and lack of consideration. Impossibility of performance occurs when one party is unable to perform their duties due to an external factor, such as a natural disaster. This defense typically applies if the contract was made before the event occurred, or if it was reasonable for the party to assume that such an event may occur. Unconscionability is a defense that applies if the contract is deemed to be unjust. This defense will typically be considered if the agreement was one-sided or ambiguous. The third defense to a breach of contract is lack of consideration. This is a term used to describe a situation in which a party has not received anything of value in return for the agreement. This could be due to a mistake, fraud, or the lack of a written agreement. In each instance, it is important to remember that each case has its own set of circumstances, and no one defense will always apply. If a party believes that they were wronged in a contract, it is important to speak with an attorney to discuss the details and determine which defense may be available.

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