Brown Borkowski & Morrow


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How to defend against breach of contract claims

If you fail to live up to the terms of a valid agreement, a Michigan judge may find you to be in breach of contract. The types of penalties that may be levied against you depend on whether the breach was considered to be material in nature. There are several defenses that might be used to dispute the notion that you did anything to cause harm to another party.

Were you forced to sign an agreement against your will?

If you were forced to sign a contract under duress, there is a good chance that a judge will declare it invalid. The same will likely be true if a court finds that you were forced to agree to a deal because of the undue influence of another party. Undue influence may occur if the party that forces you to agree to a deal has some sort of financial, physical or other type of power over you.

Has the statute of limitations expired?

Typically, the plaintiff has up to six years to seek damages if he or she believes that you violated the terms of a valid contract. After the statute of limitations expires, it’s unlikely that a judge will agree to hear the matter. An attorney may be able to help you determine if a lawsuit has been filed in a timely manner.

Was there a misunderstanding?

It isn’t uncommon for business and corporate disputes to occur because of misunderstandings. For instance, you may have thought that a delivery was due within a calendar year while the other party thought that it was due by the end of the current calendar year. It isn’t uncommon for arguments about a contract’s language to be resolved by simply rewriting the deal so that everyone understands their obligations.

If you are accused of breaching a contract, it may be in your best interest to contact an attorney. Legal counsel may be able to review the deal to determine if a breach occurred and how to resolve the matter in your favor.