Breach of Contract
If you have suffered damages as a result.
If you’ve entered a contract, either written or oral, and the other party has refused to abide by the contracts terms you have a right to sue that party.
In addition, if the prevailing-party attorney’s fee provision, you would be entitled to an award of your reasonable attorney’s fees should the court determined that you are the prevailing party.
There are various defenses to a breach of contract action. They include:
- Statute of limitations.
- Duress – which involves one party putting severe pressure on the other to enter the contract.
- Statute of Frauds, which requires that some contracts be in writing.
- Impossibility of performance, which involves a factual situation that prevents one party from being able to perform.
- Unconscionability which is when a contract term is unreasonable, unfair, and or against public policy.
- Mutual mistake of fact which renders a contract voidable when both parties, at the time of making the contract, were mistaken as to a basic assumption which has a material effect on the parties ability to perform under the contract.