Defenses to formation assume the existence of a contract – that is, they assume that the elements of offer, acceptance, and consideration are satisfied – but allow for the contract not to be enforced for a particular reason, such as that the contract is unconscionable, violates public policy, or was entered into under fraud or duress. This video covers all defenses to formation other than the statute of frauds, which is covered in its own video. Remember that the defendant in a breach of contract lawsuit has the burden of establishing these defenses. As always, the video is below, followed by the lecture slides.
Defenses to Formation - Lecture Slides