You Are Viewing

A Blog Post

Affirmative Defenses to Breach of Contract in Florida

In the state of Florida, breach of contract is a legal dispute that arises when one party fails to perform their duties as stated in a contract. When this happens, the other party has the right to seek damages or other legal remedies. However, in some cases, the party accused of breaching the contract may have affirmative defenses to the claim.

Affirmative defenses are legal arguments that can be used to counter a breach of contract claim. They are essentially a way for the defendant to admit that they did not meet their obligations under the contract, but to argue that there are good reasons for this.

There are several affirmative defenses that can be used in breach of contract cases in Florida. Here are a few of the most common:

1. Impossibility

This defense argues that the defendant`s failure to perform their contractual duties was caused by an event that was beyond their control. This could be something like a natural disaster or a sudden change in the law that made it impossible for the defendant to fulfill their obligations.

2. Mutual Mistake

This defense argues that both parties were mistaken about a material fact that was essential to the contract. For example, if both parties thought that a particular piece of equipment was included in the contract, but it turned out to have been excluded, this could be a mutual mistake that would excuse the defendant`s failure to perform.

3. Unconscionability

This defense argues that the contract itself is so unfair or one-sided that it should be considered unconscionable. For example, if a contract includes terms that are excessively harsh or oppressive, a court may find that it is unconscionable and refuse to enforce it.

4. Duress

This defense argues that the defendant was forced to enter into the contract against their will. This could be because of physical threats, blackmail, or coercion. If the defendant can prove that they were under duress when they signed the contract, it may be void.

5. Statute of Limitations

This defense argues that the plaintiff waited too long to file their breach of contract claim. In Florida, the statute of limitations for breach of contract claims is typically five years from the date of the breach. If the plaintiff waits too long to file their claim, the defendant may be able to use the statute of limitations defense to have the case dismissed.

These are just a few of the affirmative defenses that can be used in breach of contract cases in Florida. If you are facing a breach of contract claim, it is important to consult with an experienced attorney who can help you understand your options and build a strong defense. By using the right affirmative defenses, you may be able to avoid liability or minimize your damages in the case.