Civil: Affirmative Defense, Contract Destruction or Material Alteration
“Section 1699 of the Civil Code provides: “The destruction or cancellation of a written contract,…
Civil: Affirmative Defense, Modification of Contract
“Once made, both oral and written contracts may be modified by the mutual assent of…
Civil: Affirmative Defense, Novation
“Civil Code section 1530 defines ‘novation’ as ‘the substitution of a new obligation for an…
Civil: Affirmative Defense, Accord & Satisfaction
“Pursuant to section 1521 of the Civil Code, an “accord” is “an agreement to accept,…
Civil: Affirmative Defense, Contract Abandonment or Mutual Recision
“Abandonment of a contract is a mutual election of all contracting parties to cease further…
Civil: Affirmative Defense, Impossibility
“Impossibility of performance is a common law defense to an action for failure to perform…
Civil: Affirmative Defense, Prevention of Performance
“As a result of a series of interrelated Civil Code provisions, a plaintiff who has…
Civil: Affirmative Defense, Frustration of Purpose
“The common law defense of frustration of purpose arises from the occurrence of an event…
Civil: Affirmative Defense, Failure of Consideration
“The affirmative defense of failure of consideration arises from the failure of one party to…
Civil: Affirmative Defense, Lack or Inadequacy of Consideration
“An essential element in the creation of a contract is the presence of consideration. Section…