In New York, there are several defenses that a defendant can raise in response to a breach of contract claim. These defenses may include:
- Breach by the plaintiff: The defendant may argue that the plaintiff was the first to breach the contract, and therefore should not be entitled to recover damages.
- Lack of capacity or authority: The defendant may argue that they lacked the capacity or authority to enter into the contract, such as if they were a minor or did not have the legal authority to act on behalf of a company.
- Fraud, misrepresentation, or duress: The defendant may argue that they were induced to enter into the contract by fraud, misrepresentation, or duress, and therefore should not be held liable for breaching the contract.
- Impossibility or impracticability: The defendant may argue that performance of the contract became impossible or impracticable due to unforeseen circumstances, such as a natural disaster or government regulation.
- Unconscionability: The defendant may argue that the contract is unconscionable, meaning that its terms are so unfair or one-sided that they should not be enforced.
- Statute of limitations: The defendant may argue that the plaintiff’s claim is barred by the statute of limitations, which sets a time limit for bringing legal action.
It is important to note that the availability of these defenses may vary depending on the specific circumstances of the case, and that there may be other legal issues to consider when defending against a breach of contract claim in New York. Therefore, it is recommended to seek the advice of an attorney with experience in contract law to assist with evaluating potential defenses and developing a defense strategy.
