We often get questions about possible defenses in a breach of contract case. Being accused of breaching a contract can have serious financial and legal consequences. However, not every breach claim results in liability. Under Oklahoma law, there are several defenses that may protect you or your business if you are facing a lawsuit for breach of contract.
1. Lack of a Valid Contract
For a contract to be enforceable in Oklahoma, it must meet basic legal requirements:
- An offer and acceptance.
- Consideration (something of value exchanged).
- A lawful purpose.
- Competent parties with legal capacity.
If one of these elements is missing, there may not be a legally binding agreement in the first place.
2. Fraud, Duress, or Misrepresentation
Contracts must be entered into voluntarily and honestly. A defense may exist if:
- You were misled about essential terms.
- You signed under threat, pressure, or coercion.
- The other party concealed or misrepresented important facts.
In such cases, the contract could be voidable.
3. Mutual or Unilateral Mistake
If both parties misunderstood an essential fact of the contract, the agreement may not be enforceable. For example, if both believed property was free of liens but it was not, that mistake could be a valid defense.
4. Impossibility or Impracticability of Performance
Sometimes, events beyond your control make performance impossible or extremely difficult. This might include:
- Natural disasters destroying necessary property.
- A change in the law making performance illegal.
- Unforeseen events that make performance unreasonable or impractical.
If true impossibility exists, Oklahoma law may excuse the breach.
5. Prior Breach by the Other Party
If the other party failed to fulfill their obligations first, they may have forfeited their right to enforce the contract. For example, if a supplier failed to deliver goods as promised, the buyer may be excused from paying under the agreement.
6. Statute of Limitations
Oklahoma law limits the amount of time to file a breach of contract claim:
- Written contracts – within 5 years.
- Oral contracts – within 3 years.
If a lawsuit is filed after the deadline has passed, the claim may be dismissed.
Why Legal Representation Matters
Determining the best defense requires careful analysis of the contract, the facts, and Oklahoma law. An experienced business attorney can:
- Evaluate whether the contract is enforceable.
- Identify potential defenses.
- Represent you in negotiations, mediation, or litigation.
Claremore Contract Lawyers
Breach of contract cases are complex, but strong defenses are often available. If you are facing a breach of contract lawsuit in Oklahoma, we can help. For a free consultation with an attorney at Kania Law – Claremore attorneys’ law office, call 918-379-4872. Or you can click here to ask a free online legal question.
