Contract Dispute Attorneys in Tampa Discuss Breach of Contract Defenses

Although parties enter into business contracts intending to establish a clear understanding of their rights and responsibilities, Contract Dispute Attorneys in Tampa know it is all but inevitable that business owners will find themselves involved in contract disputes. If accused of a breach of contract, it is important to act promptly to limit potential exposure.

Consider all Defenses

Every potential defense should be considered, including arguing in the alternative, which means that contract dispute attorneys in Tampa can argue that either of two different defenses apply that are based on contradictory facts. For example, it could be asserted that no contract existed, but if the court found there was a contract, it was not breached.

Defenses Denying the Factual Allegations

The party bringing the breach of contract claim must allege certain facts to establish theprima facie case of breach of contract. A defense may be based on denying, for example, that a contract ever existed or that a breach occurred.

Affirmative Defenses

An affirmative defense does not contest the factual allegations made in the complaint, but rather, acknowledges the contract terms were not fulfilled due to some mitigating circumstances. Typical examples of an affirmative defense include:

  • The contract was not in writing.
  • The essential terms were indefinite.
  • One of the parties did not have the requisite capacity to contract.
  • One of the parties was induced by fraud to enter into the contract.

Contact Contract Dispute Attorneys in Tampa for Legal Advice

For any concerns regarding the formation of contracts or disputes that arise after the fact, call Savage, Combs & Villoch, PLLC at 813-200-0013.

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