How old are you? Minors can't contract and neither can crazy people. I don't know you're state's laws, but there's also: prevention, impossibility, illness or death of promisor, intervening illegality, destruction of subject matter, commercial impracticability, or commercial frustration. Perhaps some element of the agreement would make the contract unenforceable.
2006-09-01 11:16:25
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answer #1
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answered by Anonymous
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There are three broad categories of contract defenses.
The first are formation defenses -- the contract is facially defective. This includes illusory contracts, where there is not mutual consideration, or contracts that must be in writing and aren't. Or contracts where there is no mutual assent, one party didn't agree or the two parties agreed to different terms.
The second set are competence defenses -- the person who signed lacked the legal authority or ability to sign. So, contracts with minors (voidable), or where the person was insane or intoxicated to the point of not being legally competent. Or where someone forges someone else's signature, or acted beyond the scope of their authority (a mail-man for a big corporation taking it on himself to sign a multi-million dollar deal).
The final set are enforcement defenses -- where the contract itself may be valid, but it is still unenforceable. This includes cases where it is physically impossible to perform, or where performance would be illegal. Or where one party cannot perform because of unforeseeable events (impracticability). Or where the terms of the contract are unconscionable.
So, basically, first the contract itself must be valid, and then the parties must have been able to form the agreement, and then the agreement itself must be enforceable by the courts.
There are other specific defenses in special situations. But those are the broad legal theories most often used as defenses.
2006-09-01 11:12:14
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answer #2
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answered by coragryph 7
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Breach of contract defenses may include lack of acceptance, lack of consideration. Also, if the person signing the contract did not have authority that may void the contract.
The question really, is, did the other party complete it's obligations first? If it is a matter of you did not pay it, you are probably in trouble. If the contract has not been completed then you have a chance at the contract being voided.
Suggestion, before filing in court consider negotiating with the opposing party. It will be faster and probably cheaper especially if you can keep the attorneys (and their fees) out of it.
2006-09-01 10:55:53
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answer #3
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answered by NoJail4You 4
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Unfair bargaining power, incapacity, impossibility, etc.
If when entering into the contract you were pressured, lied to, etc., that is a means to be released from your contractual duties. If the contract was dependent on certain events happening, that did not occur, and it is now impossible to perform the contract, or you were barred somehow from performing the contract, that is a means as well.
If the party in breach is a minor, that is grounds for release.
As you can see, there are lots. Need to know more to be more specific.
2006-09-01 10:45:46
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answer #4
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answered by loubean 5
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