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In our recent article, Defending Your Alleged Breach of Contract Suit Includes These Top 5 Defenses, we explained how you may be able to get out of a contract by using one of those five defenses; however, we have additional defenses that may help with your Texas breach of contract lawsuit. Five more defenses include:

  1. Lack of capacity to enter the contract. If one party lacked capacity or did not fully understand the contract, it can be argued that the contract should be declared void. These excuses can include being mentally ill, under the age of 18, or under the influence of drugs or alcohol. If one of these things occurred, the contract should be voided.
  2. No contract, no case. The case should be thrown out if there is no evidence that a contract existed.
  3. Unconscionability. It can be argued that the contract terms are unfair or completely one-sided. If a contract is worded in favor of the party with the superior bargaining power, you may have an unequal bargaining power defense. This can also be called a take-it-or-leave-it contract.
  4. Material breach by the other party. If the other party breached the contract first, as long as the breach is material, then you are no longer bound by it and your case should be dismissed. However, you may have to prove that the other party breached it first.
  5. Anticipatory repudiation. If the other party indicates that he or she does not intend to carry out his or her obligations under the contract, then you can be absolved of your own obligation to perform.


To find out if your defense will stand up in court, call an experienced Texas business litigation lawyer to review your contract. We can help you determine if any of these defenses are applicable in your situation. Call the Voss Law Firm at (866) 276-6179 and receive a free consultation and a free copy of our book, Business Disputes – Critical Information for All Business Owners.  

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