In a breach of contract lawsuit, certain defenses are permissible in Colorado. The defendant will not be held accountable for their breach of contract if they can demonstrate one or more legal defenses.
1st DEFENSE: STATUTE OF LIMITATIONS
A statute of limitations is a time frame in which the breach of contract lawsuit must be filed with the court. The case will be dismissed if the lawsuit is brought past the statute of limitations. For most breach of contract cases, the statute of limitations is three years; however, there are many exceptions to the three-year statute of limitations.
2nd DEFENSE: INFANCY
A minor individual (under 18) can void a contract so long as they render it void before 18 or within a reasonable time after that.
3rd DEFENSE: IMPOSSIBLE (OR IMPRACTICABLE) TO PERFORM
The defendant may be excused from performance if something beyond their control prevents them from completing the contract. According to Colorado law, the defendant must demonstrate that it is impracticable for them to perform the contract, even though they do not have to show that they can’t do so.
To be considered impractical, the defendant must demonstrate that the performance could only be completed through extremely unreasonable difficulty, expense, harm, or loss. Mere difficulty alone is insufficient. The standard for impracticability is that the cost or difficulty of performance must be so excessive or unreasonable that failure to excuse performance would create a grave injustice.
For the defendant to commit inducement fraud, they must demonstrate that they entered into the contract due to the plaintiff’s fabrications or lies. The misrepresentation prevented the defendant from entering into the contract.
The defendant must demonstrate that the plaintiff compelled or dominated them to enter into the contract to establish undue influence. The plaintiff must have overcome the defendant’s free will by using force.
Under duress, the defendant was forced to sign the contract due to wrongdoing or threat.
5TH DEFENSE: MENTAL INCAPACITY
To show mental incapacity, the defendant must show that they were insane, mentally ill, intoxicated to a high degree, or other conditions of the mind such that they were incapable of entering into the contract.
LAST DEFENSE: OTHERS
In cases involving breach of contract in Colorado, numerous additional defenses are available. A knowledgeable attorney specializing in breach of contract cases will apply the law to your circumstances.
Contact a Business Lawyer Denver Citizens Trust
When you are having any business issues, whether it be litigation or transactional, it is important to speak with a Denver business attorney. To speak with one, contact Baker Law Group today.
If you are a plaintiff or a defendant in a contract lawsuit, get in touch with a Denver business lawyer at Baker Law Group right away. Our attorneys have the expertise and experience necessary to assist you with the intricate nuances of contract law.