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Contract Law: Defenses to Breach of Contract
Breach of Contract
Defenses to breach to Breach of Contract
Failure of condition
No contract formation
Tender of performance rejected
Performance Mutual rescission
Cancellation
Novation Contract has been modified
Accord & Satisfaction
Good faith dispute re: duty Mutual agreement re: new duty Must perform the accord=satisfaction
Impossibility Destruction of subject matter
Supervening illegality
Death or illness (personal service)
Impracticability: burden grossly disproportionate to consideration
Frustration of purpose-supervening, unforeseeable at time of contract, act or event destroys purpose of contract, where purpose was known to both parties
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