What are the defenses available in a breach of contract claim in India?

Answer By law4u team

In India, the defenses available in a breach of contract claim are as follows: Impossibility of performance: If the performance of the contract becomes impossible due to unforeseen circumstances or events beyond the control of the parties, then the party in breach may argue that they were unable to perform the contract due to impossibility. Frustration of contract: If an event occurs that makes the performance of the contract impossible or significantly changes the nature of the contract, then the party in breach may argue that the contract has been frustrated. Mutual agreement: If the parties mutually agree to terminate the contract, then the party in breach may argue that they have not breached the contract as the contract was terminated with mutual consent. Anticipatory breach: If one party communicates to the other party that they are not going to perform their obligations under the contract, then the other party may terminate the contract and sue for damages. Limitation: If the claim is barred by the limitation period, then the party in breach may argue that the claim is time-barred. Waiver: If the aggrieved party has waived their right to claim damages for the breach of contract, then the party in breach may argue that they are not liable for the breach of contract. Illegality: If the contract is illegal or against public policy, then the party in breach may argue that the contract is unenforceable. It is important to note that the defenses available will depend on the facts of each case, and the party in breach must establish the defense with sufficient evidence to be successful.

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