We often get questions about possible defenses for a breach of contract claim. A breach of contract claim arises when one party fails to uphold their end of an agreement. While contracts are legally binding, not every alleged breach automatically results in liability. Oklahoma law recognizes several defenses that can protect individuals and businesses facing breach of contract claims.
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1. No Valid Contract Existed
One of the strongest defenses is showing that there was never a valid contract to begin with. A legally enforceable contract in Oklahoma requires:
- An offer and acceptance.
- Mutual intent to form a binding agreement.
- Consideration (something of value exchanged by both parties).
- Legal capacity and a lawful purpose.
If one of these elements is missing, the agreement may be unenforceable, making a breach of contract claim invalid.
2. Fraud, Duress, or Undue Influence
A contract signed under fraudulent circumstances, coercion, or extreme pressure may be void or voidable. Examples include:
- One party misrepresenting critical facts to induce the contract.
- A party being threatened or unlawfully pressured to sign.
- A party taking advantage of a position of trust to force an agreement.
If proven, these issues can prevent enforcement of the contract entirely.
3. Mistake
Contracts can sometimes be based on a mutual mistake—when both parties misunderstood a critical fact or term. For example, if both parties thought a piece of property was zoned for commercial use but it was not, that mistake might serve as a defense. A unilateral mistake (only one party’s error) is harder to use but may apply if the other party knew about the mistake and exploited it.
4. Impossibility or Impracticability
Sometimes circumstances outside either party’s control make it impossible or unreasonably difficult to perform the contract. Examples include:
- Destruction of essential goods or property.
- Changes in the law making performance illegal.
- Extreme and unforeseeable events (like certain natural disasters).
If performance is legally impossible or impractical, Oklahoma law may excuse non-performance.
5. Prior Material Breach by the Other Party
If the party accusing you of breach committed a material breach first, you may be relieved of your obligation to perform. For example, if a contractor failed to meet essential specifications on a project, the homeowner may have a valid defense to paying the full contract price.
Why Legal Representation Matters
Successfully asserting these defenses often requires gathering evidence, reviewing contract terms, and applying Oklahoma law. An experienced business attorney can:
- Evaluate whether the contract is enforceable.
- Identify applicable defenses.
- Represent your interests in negotiations or court.
Tulsa Contract Lawyers
If you are facing a breach of contract claim, you do not have to face it alone. The right legal strategy can make a significant difference in your outcome. Call our Tulsa business attorneys at Kania Law Office today at 918.943.2233, or if you would like to ask a free online business law question, follow this link.
Tulsa's Local Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.