By the Business Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

If I have been sued for breach of contract, what are some of my defenses?

If you have been sued or are threatened by suit, you may have some defenses of which you are unaware. For example, the statute of limitations for breach of contract in Texas is four years. It may be that the plaintiff has sued you after the expiration of four years. In that regard, your defense could be a statute of limitations violation. You may be able to assert the defense of standing. That is, the plaintiff must show that it has the right to bring the suit or that it is the proper party. You may also be able to show that the plaintiff repudiated the contract (by words or deeds and without just excuse, the breaching party indicates that it will not perform as required under the contract). You may be able to assert that you withdrew the offer before the other party accepted it. Therefore, there is no contract. If you have been sued, consult a qualified contracts lawyer to discuss the nuances of your case to determine what, if any, defenses you may have.

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