For more than three decades, Craig O’Dear has been practicing law in Missouri. A partner at Bryan Cave LLP, he represents defendants and plaintiffs in state and federal courts across the United States. Over the years, Craig O’Dear has handled cases involving a variety of claims, such as breach of contract.
Below are a few common defenses for breach of contract claims:
- Duress: If one of the contract parties signed a contract under duress, it is not enforceable. Duress means one party pushed the other into signing a contract against his or her will. Threats of legal proceedings, blackmail, or threats of physical harm are all forms of duress.
- Mutual or unilateral mistake: Mutual mistakes occur when both parties make a mistake about the contract’s terms. A unilateral mistake occurs when one party is mistaken about the contract. Both of these can be grounds for a valid breach of contract.
- Fraud: Misrepresenting certain aspects of a contract tricks one party into thinking a contract is in their best interests when it's not. Knowingly doing this is fraud and invalidates the contract.
- Impossibility: Contracts are formed with the expectation that each party will perform their role. But sometimes unforeseen circumstances prevent one party from fulfilling their part, thus making the contract impossible.
