How To Legally Break A Contract

United States law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. It usually requires an offer and an acceptance of the offer by parties who are lawfully deemed competent to enter into this type of agreement. Legally breaking a contract can be difficult, but it is not impossible

<h3>Void the Agreement Based on Competency</h3>
Some contracts are voidable from the beginning. For example, if a person who is not of age signs a contract for the purchase of a vehicle, the contract is void. Even if the minor claims to have the needed funds to complete the transaction, this type of purchase contract is invalid since United States law does not recognize juveniles as having the legal capacity to enter into these types of contract negotiations.

Duress is another cause for legally breaking a contract. If you can prove that you would not have ordinarily entered into a legally binding agreement, had it not been for a threat or coercive tactic used by the other party to the contract, you can most likely convince a judge to annul the deal. Your competency to evaluate the offer and freely accept it has been seriously impacted by the other party’s intimidation.

<h3>Make the Cooling-off Period Work in Your Favor</h3>
Timeshare contracts usually have a state-defined rescission period. In California, there is a seven-day right of rescission. Read your notice of cancellation rights for more details! If you purchased something in your home during a door-to-door sales presentation, you usually have a three-day right to rescind. Again, it pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot make the three-day cooling-off period work for you.

<h3>Using the Fine Print</h3>
Is there a mistake of fact in the contract? If so, you may be able to get out of it. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the contract.

Unless a contract contains a hell or high water clause, it is possible to avoid performance simply because doing so has become impossible. This is oftentimes the cases in rental agreements. If you signed a contract promising to rent your boat to a private party, the contract becomes impossible to fulfill if the boat is stolen.

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