Defenses to breach (also referred to as excuses to breach) assume the existence of an enforceable contract, and a breach of contract. Defenses to breach allow a breaching party to essentially get away with breaching the contract because (1) performance was impossible; (2) performance was commercially impracticable; or (3) the purpose of the contract was frustrated. This video walks you through the basic defenses to breach. On an essay exam, you would discuss defenses to breach after discussing contract formation, defenses to formation, terms and conditions, and all breach issues, but before discussing remedies.
Defenses to Breach