Essay about What Are Five Defenses For A Breach Of Contract Claim?
The JEC provides both a list and examples of defenses to breach of contract. The most common defense to a breach of contract claims is of the following:
• Enforcement of the contract would violate public policy
• The contract is illegal
• The contract lacks consideration
• The contact was obtained by fraud
• The contract limits the amount of damages that can be recovered (Defenses to Breach of Contract, JEC, The University of New Mexico)
The five listed will be provided with examples to further explain them. Enforcement of an contract occurred in the Costa v. Brait Builders Corp; 463 Mass. 65, 972 N.E. 2d 499 (2012). “The Supreme Judicial Court of Massachusetts considered the issue of whether a subcontractor providing labor and materials to public construction projects for which a payment bond has been obtained by the general contractor pursuant to, may by private agreement forgo its right to pursue payment under the bond” (Carlton, Jr., Robert T.; Costa v. Brait Builders Corp, News & Resources, White and Williams LLP). Costa was a contractor who entered into a general contract with Brait Builders Corporation. Brait Builders were required by law to obtain payment and performance bonds, which it did from Arch Insurance Company to pay Costa, company Costa & Son Construction. Overtime their relationship began to take a turn for the worse each stating…