Chapter 13

MISCELLANEOUS DEFENSES: ILLEGALITY, DURESS, MISREPRESENTATION, UNCONSCIONABILITY, AND LACK OF CAPACITY

ChapterScope

This chapter discusses miscellaneous defenses that may be asserted by a party being sued for breach of contract. Key defenses:

• Illegality: A contract is illegal if the subject matter is unlawful, whether it is barred by statute or found to be against public policy. (Examples: gambling contracts, usurious contracts, unreasonably broad covenants to compete.)
  • Neither party may enforce: As a general rule, neither party to an illegal contract may enforce it—the court will leave the parties to the contract where it finds them.

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