Defending a Breach of Contract Claim in Georgia

A breach of contract is when any agreement between two or more parties is not held or carried out. There are varying levels for contractual breaches—some may only affect part of the agreement, while others may render all the provisions useless.

There are often many viable defenses to breach of contract allegations. However, defending a breach of contract claim in Georgia requires experience with this specific area of law. If you have been accused of violating an agreement, work with a skilled attorney at Sparks Law on an effective defense strategy.

Substantially Performed the Contract

One viable defense against a breach of contract claim is to argue that the defendant substantially performed the contract. For instance, say that a home buyer argues that the house they paid for has the wrong color of tiles. If the seller still provided a house that was safe, habitable, and of market value, their lawyer could defend against the breach allegations by arguing that they substantially performed the contract.

Compelled to Sign Under Duress

Another defense against an allegation of breach of contract is if the person were compelled to sign the agreement under duress. Duress could mean many different things. For instance, any threatening implication or gesture could constitute duress, including the threat to:

  • Harm the person
  • Harm their family members
  • Release confidential information
  • Hack their account

If a person and their defense attorney can prove duress, then the Georgia court will consider any contract that they sign as null and void, negating the breach allegations.

Breach of Contract Cases Involving Minors

It is also important to note that most states do not allow minors to be contractually obligated. Different states have different rules, so some states might not allow a minor under the age of 16 or 18 to sign any contract worth more than a certain amount. This is why if a minor is going to buy a car, the dealership will require the parent or guardian to sign as well.

Unaware of Entering the Contract

A defendant could argue that they were unaware that they had entered the contract. However, this depends on whether it was a signed contract and if the agreement included an online terms and conditions. If a person signed a contract online, it is going to be difficult for them to argue that they were not aware of the agreement.

Additionally, a contract can still be upheld even if the person signed when they were drunk or in an otherwise compromised mental capacity. This also applies for mental health issues. Arguing that a person was unaware of entering the contract is a difficult defense to a breach allegation, so anyone in this situation should consult with an attorney at our Georgia office.

Contact a Georgia Lawyer to Defend a Breach of Contract Allegation

If you have been accused of violating a contractual obligation, you should consult a knowledgeable attorney to learn your legal options. At Sparks Law, an attorney who focuses on contract law could assess your specific situation and tailor a strategy to the circumstances. Our legal team has significant experience defending breach of contract claims in Georgia, so give us a call today to learn how we can help you.