Breaching the terms of a contract could lead to significant legal and financial penalties. If you have been accused of violating or breaching the terms of a contract you entered, your business and economic future may be at stake. However, by working with a dedicated contract attorney, you may be able to create a DC breach of contract defense to mitigate the consequences or resolve the problem.
It is possible in many situations to work with a contract attorney in the DC area to simply argue that the contract was not actually breached based off the specific terms. Another common defense is arguing that non-performance of a clause or expectation was justified, often due to uncontrollable external factors. This often takes the form of a force-majeure clause where a party is not necessarily bound to the strict terms of an agreement if some act of god like a hurricane, blizzard, or pandemic would prevent a party from performing their duties.
Additionally, a person could argue that the other party breach the agreement first and therefore the contract cannot be enforced. In some rare cases, a portion of a contract or a specific action could be ignored if it would require illegal or unethical behavior. It is also common for contracts to be justifiably breached if a debtor declares bankruptcy, meaning that certain contracted debts may be wiped out. Depending on a person’s situation, there are many viable defenses against accusations of breach of contract, and working with an experienced lawyer could be key to finding that defense.
A contract may not accurately reflect an agreement between the parties involved or there may be confusion about what the terms meant. While ignorance of the terms is not necessarily a strong defense, if a person was unaware of what they were signing, they may at least be able to demonstrate that they were not acting in bad faith during non-performance or that they were the victims of fraud, which also may invalidate the agreement. Additionally, a contract may be automatically invalid and null if it would require a person to act illegally.
An agreement may be considered illegal if it was entered into while a party was coerced by threat, force, or there was other undue influence. However, it is very difficult to prove that a party was under duress when agreeing to terms. There still might be witnesses who saw the signing or there could be correspondence showing that not everything was above-board. For the most part, it comes down to whether or not the story is credible enough for the finder of fact such as a judge, jury, or arbitrator.
Mistakes are hard to prove in a contract, especially when both parties read the contract and are presumed to have thoroughly reviewed its terms prior to acceptance. However, mistakes may occur that lead to non-performance when the contract is not specific enough about what is expected. If some aspect of an agreement could have had multiple meanings, then that might be a valid defense in a breach of contract case. This generally only occurs if a contract was poorly written or the parties did not consult adequate legal counsel to ensure they understood what they were signing in no uncertain terms.
Contracts are legally binding and any breach could lead to significant consequences. If a party you are in a contract with has alleged that you have not performed your duties, you may still have legal options. By working with a lawyer to create DC breach of contract defenses in your case, you may be able to avoid these consequences. Call today to schedule a consultation and get the civil legal representation you need.
Please complete this form, or give us a Call at (202) 600-9400
