What are the defenses to a breach of contract?

A breach of contract is a violation of an agreement or promise made between two parties. In Nebraska, there are several defenses that a party can raise in response to a breach of contract. The first defense is a “breach of an implied duty” which occurs when one of the parties fails to fulfill their part of the bargain. This could be based on a failure to act reasonably or to adhere to the terms of the agreement. The second defense is “impossibility of performance” which occurs when an event outside of the parties’ control renders performance of the contract impossible. In this case, neither party would be able to fulfill the terms of the agreement. The third defense is “unconscionability” which occurs when the contract is unfair or overly one-sided in favor of one party. For example, if one party has a much higher bargaining power than the other, the contract may be deemed to be unconscionable. The fourth defense is “illegality” which occurs when a contract is contrary to a law, public policy, or morality. For example, if a contract is designed to encourage illegal activities, it would be considered illegal and would be unenforceable. The fifth defense is “fraud or misrepresentation”, which occurs when one of the parties makes false statements in order to convince the other party to enter into the contract. For example, if one party misrepresents the terms of the agreement or lies about the quality of the goods or services, this would be considered fraudulent. Finally, the sixth defense is “statute of limitations” which sets a deadline for legal action to be taken against a person who has breached a contract. In Nebraska, the statute of limitations for breach of contract claims is 4 years. Overall, any of these defenses may be raised in response to a breach of contract, but it ultimately depends on the specific circumstances of the case.

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