What are some of the legal defenses to breach of contract?
• No Contract, No Case!: The first line of defense is obvious—if there is no existing contract then the case can be thrown out. The prosecution must be able to show evidence of three aspects of the contract: (1) the first party offers something of value to the second party; (2) the second party agrees to the offer; (3) the second party gives something of value to the first party. • Lack of Capacity to Contract: If it can be proven that one party was not in full understanding of a contract, as well as the consequences of such an agreement, then the contract can be declared void. This judgment will largely depend on why the other party lacked capacity to understand an agreement. Ignorance is not an excuse; usually the other party must be proven to be under the age of comprehension, mentally infirm or a victim of some other circumstance. Drugs or intoxication can occasionally be used as a defense. Children under the age of 18 have an inherent protection here and their faulty contracts can
