What are the defenses to a breach of contract?

In Mississippi, there are several possible defenses to a breach of contract. These defenses include impossibility, duress, lack of consideration, illegality, waiver, misrepresentation, and estoppel. Impossibility, also known as frustration of purpose, occurs when a party’s performance of the contract becomes impossible due to unforeseeable circumstances. This defense may be used when there is a great change of circumstances, such as an act of God, that makes performance of the contract impossible. Duress occurs when one party is forced to sign a contract by threats or coercion. In this case, the contract is voidable, meaning that the victim may choose to void the contract if they can prove that they were pressured into it. Lack of consideration, also known as “no consideration”, involves both parties not giving something for the promise made. If both parties aren’t providing something, there is no contract. Illegality is when a promise made is illegal under the law. If a contract is illegal, it is void and unenforceable. Waiver is when one of the parties agrees to release their rights to enforce the contract. This means that the waivering party is waiving their right to seek damages if the contract is breached. Misrepresentation is when a false statement of fact is made while entering into a contract. If the victim can prove that a misrepresentation was made, the contract will be voidable. Lastly, estoppel occurs when one party prevents the other from relying on a specific defense. In this case, the party can be found liable even though they have another potential defense. These are the defenses to a breach of contract in Mississippi. Depending on the situation, any of them may be used in court. It is important to note that each defense has specific requirements and must be proven in court.

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