Business lawyers in Hillsville, VA can help business owners to understand that when you enter into a contract with another person or business, that contract will stipulate what both parties must do to fulfill their end of the deal. If someone does not fulfill their end of the deal—whether it is not paying for goods or services or not providing those services—the offending party may be served with a breach of contract. When someone serves you with a breach of contract, you want to work with a business lawyer that Hillsville, VA residents trust quickly so that they can review the details of your contract and raise all possible defenses. It does not work to simply state that you did not breach the contract. Instead, when you work with a Hillsville, VA business lawyer from The Law Offices of Mark T. Hurt, we can develop plausible legal arguments that substantiate your position. For more information, and to begin working with a Hillsville, VA business lawyer, call our office as soon as possible.
Raising an Affirmative Defense to Someone Claiming a Breach of Contract
When someone claims that you are in breach of contract, one of the most common defenses considered by a business lawyer from Hillsville, VA is referred to as an “affirmative defense.” When you and your Virginia business lawyer raise this defense, it means that you must prove the defense if it goes to trial. This does not necessarily contest any of the breach of contract claims made by the other party.
Common Affirmative Defenses in Breach of Contract Claims
When you raise the affirmative defense, you and your Hillsville, VA business lawyer can essentially come up with any number of defenses to support your claim. Some of the most popular are:
- You were coerced into signing the contract. If you can prove that the other party coerced you in some way to sign this contract—through lies, threats, or even through someone’s undue influence—then a judge may throw the contract out.
- You were not mentally fit to sign the contract. If you lacked the appropriate mental capacity to sign the contract, it is possible the contract will be void. This happens often with minors, the elderly and people who suffer from some type of mental incapacity or mental illness.
- The terms are not clear. If your Hillsville, VA business lawyer can argue that the terms in the contract are not clear, the contract may not even legally hold up in court. This could happen if the parties involved did not consider this to be the final contract, or if the terms were not clear when outlining what goods or services needed to be provided.
- The contract was not in writing. If the other party takes you to court for a breach in oral contract, it is possible to argue that this type of contract cannot be enforceable and that it must be in writing to be considered a legal document.
There are many other ways that your business lawyer in Hillsville, VA can help you with your affirmative defense to a breach of contract claim. If someone has served you with this kind of notice, please reach out to The Law Offices of Mark T. Hurt, a business lawyer in Hillsville, VA as soon as possible.