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Q.What are the most common defenses to a claim for breach of contract?
A.Generally your defense to a claimed breach of contract will depend on your particular facts and circumstances– an attorney's advice should therefore be sought immediately. However, some of the most common defenses include:
- Incompetentcy (one side was not competent to enter into the contract, either due to age or mental illness)
- Duress or undue influence
- Fraud
- Lack of consideration
- Impossibility
- Mutual modification
- Mistake of fact or law
- Illegal act or promise
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