If you enter a contract in Florida, but you are unable to perform your obligations under the contract, then you might be sued for breach of contract. If you are sued for breach of contract, the following defenses might help you defend against the lawsuit:
Statute of limitations – Parties only have a certain amount of time to bring a claim against you for breach of contract. The following are the statute of limitations in Florida for breach of contract claims:
Written contract – Five years. See §95.11(2)(b), Fla. Stat.
Verbal contract – Four years. See §95.11(3)(k), Fla. Stat.
Specific action contracts – One year. See §95.11(5)(a), Fla. Stat.
Impossible to perform – You could not perform the contract because of an unforeseen circumstance, such as an act of God (e.g., hurricane, tornado, or other natural disaster), property was destroyed, or incapacity. See Marathon Sunsets, Inc. v. Coldiron, 189 So. 3d 235, 236 (Fla. 3d DCA 2016).
Frustration of purpose – Your purpose for entering the contract was frustrated due to unforeseen changes in circumstances. See Valencia Ctr., Inc. v. Publix Super Markets, Inc., 464 So. 2d 1267, 1269 (Fla. 3d DCA 1985).
Unconscionable – The contract terms were so outrageously unfair to you that the contract should not be required to be performed. See FI-Pompano Rehab, LLC v. Irving, 221 So. 3d 781, 783-85 (Fla. 4th DCA 2017).
Illegal – The contract violates the constitution, a statute, or public policy. See Lucas Games Inc. v. Morris AR Assocs., LLC, 197 So. 3d 1183, 1184 (Fla. 4th DCA 2016).
Duress – You entered the contract involuntarily due to the other party’s coercive conduct and not by your own free will. See Parra de Rey v. Rey, 114 So. 3d 371, 387 (Fla. 3d DCA 2013).
Failure to fulfill a condition precedent – If a condition must be satisfied before performance can be completed, then the condition not being satisfied could be a defense. See Univ. Hous. by Dayco Corp. v. Foch, 221 So. 3d 701, 704 (Fla. 3d DCA 2017).
Fraud in the inducement – You were coerced in to entering the contract under false pretenses. See Hillcrest Pac. Corp. v. Yamamura, 727 So. 2d 1053, 1056 (Fla. 4th DCA 1999).
Mistake – You were mistaken about material terms of the contract, the mistake was not due to your lack of care, it would be inequitable for the court to not release you from the contractual obligations, and the other party did not rely on your mistake to the point that it would be unconscionable for the court to release you from the contractual obligations. See DePrince v. Starboard Cruise Servs., Inc., 271 So. 3d 11, 19-20 (Fla. 3d DCA 2018).
Undue influence – You were unduly influenced to enter the contract by the other party who pressured you into entering the contract using your needs, distress, weakness of mind (if you have mental deficiencies), or the party’s relationship with you.
Anticipatory breach – The other party to the contract clearly indicated to you that they would not perform their contractual obligations, but you were able to perform your contractual obligations. See Kaplan v. Laratte, 944 So. 2d 1074, 1075 (Fla. 4th DCA 2006).