![]() MistakeĪ contract requires Mutual Assent, or a “meeting of the minds,” on all the essential terms, to be enforceable. If the restaurant owner tries to sue the painter for failing to perform the contract, the painter can argue that the contract was too indefinite to be enforceable. In this case, an essential element of the contract ― payment ― is missing. If you believe that one or more essential terms of the contract are not clear, you may try to argue that the contract is too indefinite to be enforceable.įor example, a painter and restaurant owner may agree that the painter will paint the restaurant in the next 6 months, but they do not agree on a price. IndefiniteĪll the essential terms of a contract must be clear ― that is, the contract must be “definite” ― or the contract may not be enforceable. ![]() This is called the “ statute of frauds.” If the contract is supposed to be in writing, but is not, a court may find that the contract is not enforceable against you – that is, you are not legally required to do what the other party says you were supposed to do. Some contracts, including those involving real property, are required to be in writing. It is common to argue all the defenses that are available to you, which might include one or more of the following reasons: In Writing There are many different defenses to a breach of contract action – reasons why you were not able to do what you were supposed to do under the contract, or why there never was a contract in the first place.
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