We will also be able to evaluate the defenses and counterclaims that are available for you to claim. Defenses in a breach of contract case are “affirmative defenses.” Affirmative defenses will not necessarily deny or challenge the breach of contract claim, however, they will assert mitigating facts or circumstances that may weaken the claim or could potentially render the claim moot. The defendant will have the burden of proving any affirmative defenses if and when the lawsuit heads for trial.
Our Charleston commercial litigation attorney are willing to defend and fight for your rights in order to obtain the best possible result, whether you are a plaintiff or a defendant. We will usually suggest the parties attempt to negotiate a settlement to the breach of contract lawsuit prior to going through costly and timely business litigation.
If you need advice or representation regarding the defense of a breach of contract matter, contact our Charleston breach of contract attorneys.