What are the defenses to a breach of contract?

In New Hampshire, there are several defenses that may be used in a breach of contract case. These include impossibility of performance, lack of consideration, fraud, and duress. Impossibility of performance, also known as an impossibility of duty, occurs when one party is unable to meet the expectations outlined by the agreement. This defense is usually used when there is an unexpected event, such as a natural disaster or a death, that makes it impossible to fulfill the contract. Lack of consideration is a defense that is used when one party has not received something of value from the other in exchange for what they have agreed to provide. For example, if one party was promised a car in exchange for painting a house, and the car is never given, the car owner can use the lack of consideration defense. Fraud is a defense used when one party has misrepresented the facts in order to induce the other party into a contract. Examples of fraud include lies about the quality of goods or services, or falsifying information on a contract. Duress is a defense used when one party has been forced into a contract against their will. This can include physical or economic pressure. For example, if one party is threatened with physical harm if they do not sign the contract, they can use this defense. These are some of the most common defenses used in breach of contract cases in New Hampshire. There may be other defenses that may be used in specific cases, depending on the facts of the case. It is important to consult with a qualified attorney to determine the best course of action and to ensure that your rights are protected.

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