What can be one's points to defence himself from making damages on a breach of contract?
Prasadh Srinivasulu (Other) 08 January 2010
There can be many Defences , some of which may be like :
(1) One side was not competent to enter into the contract, either due to age or mental illness;
(2) One side had a "free way out" and really never provided any form of "consideration";
(3) One side was under pressure and duress or other undue influence to sign;
(4) One side engaged in "fraud" to procure the contract;
(5) One side prevented the other from fulfilling its/her/his end of the bargain;
(6) The original contract was changed with the agreement of all parties;
(7) There was a mistake of fact or mistake of law prior to signing the contract;
(8) The contract has an illegal purpose or act;
(9) Something happened, through no fault of either side, making the duties under the contract impossible to perform;
(10) The side claiming the breach accepted the performance without claiming a breach had occurred.
However burden of proof lies on the person who is alleged of such breach to prove one or more of the above or any other appropriate reason.
Hope this helps
Rajan Salvi (Lawyer) 08 January 2010
Thanx Mr Prasadh, in cases of breach of contract, in order to turn the civil matter into a criminal case, criminal complaints of cheating/criminal breach of trust , are filed. If the facts of the case satisfy any of the criteria stated by you above, then no criminal case is made out. My observations are in general.