What are the defenses to a breach of contract?

In South Carolina, there are several defenses to a breach of contract. These include: 1. Impossibility of Performance – This occurs when a party is prevented from performing their end of the contract due to an act of God, such as a natural disaster, or some other event that is outside of the control of the parties. 2. Unconscionability – This defense applies when a contract is found to be unfair or oppressive to one of the parties, usually as a result of one party having an excessive bargaining power or superior knowledge. 3. Misrepresentation – This occurs when a party misrepresented a material fact in the contract, leading the other party to enter into the agreement under false pretenses. 4. Duress – This happens when one party is coerced into entering the contract through the use of threats or violence. 5. Statute of Limitations – This defense applies when a lawsuit for breach of contract is filed after the statute of limitations has expired, making the claim invalid. 6. Illegality – This defense applies when the terms of the contract conflict with the law and, thus, cannot be enforced. Overall, these are the most common defenses to a breach of contract in South Carolina. In any contract dispute, it is best to consult with an experienced legal professional to ensure that all of the legal requirements for each defense are met.

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