§ 13-5-8. Noncompliance With Condition, Failure of Consideration, or Other Act as Defense
A condition, precedent or subsequent, not complied with, insufficiency or failure of consideration, or any act of the opposite party, by which the obligation of the contract has ceased, may be pleaded as a defense. History. Orig. Code 1863, § 2798; Code 1868, § 2806; Code 1873, § 2857; Code 1882, § 2857; Civil Code […]
§ 13-5-9. Total or Partial Failure of Consideration Generally
If the consideration for a promise, apparently good or valuable, fails either wholly or in part before the promise is executed, the failure of consideration may be pleaded in defense to the promise as provided for in subsection (c) of Code Section 9-11-8. If the failure of consideration is partial, an apportionment shall be made […]
§ 13-5-10. Failure to Perform Dependent Covenant
Where covenants are dependent, the failure of performance by the opposing party may be a good defense. History. Orig. Code 1863, § 2799; Code 1868, § 2807; Code 1873, § 2858; Code 1882, § 2858; Civil Code 1895, § 3709; Civil Code 1910, § 4303; Code 1933, § 20-904.
§ 13-5-11. Part Performance
In a severable contract or one admitting of apportionment, a part performance may be a defense pro tanto. History. Orig. Code 1863, § 2813; Code 1868, § 2821; Code 1873, § 2872; Code 1882, § 2872; Civil Code 1895, § 3726; Civil Code 1910, § 4320; Code 1933, § 20-1103.
§ 13-5-30. Agreements Required to Be in Writing
To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him or her: A promise by a conservator, guardian, personal representative, or trustee to answer damages out of his or her own estate; A promise […]
§ 13-5-31. Agreements Enforceable Without Writing
The provisions of Code Section 13-5-30 do not extend to the following cases: When the contract has been fully executed; Where there has been performance on one side, accepted by the other in accordance with the contract; Where there has been such part performance of the contract as would render it a fraud of the […]
§ 13-5-6. Duress
Since the free assent of the parties is essential to a valid contract, duress, either by imprisonment, threats, or other acts, by which the free will of the party is restrained and his consent induced, renders the contract voidable at the election of the injured party. Legal imprisonment, if not used for illegal purposes, does […]
§ 13-5-7. Rescission or Release
A rescission of a contract by consent or a release by the other contracting party shall be a complete defense. History. Orig. Code 1863, § 2800; Code 1868, § 2808; Code 1873, § 2859; Code 1882, § 2859; Civil Code 1895, § 3710; Civil Code 1910, § 4304; Code 1933, § 20-905. Cross references. General […]
§ 13-5-1. Pleading of Facts Indicating Contract Not Obligatory Generally
Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense. History. Orig. Code 1863, § 2797; Code 1868, § 2805; Code 1873, § 2856; Code 1882, § 2856; Civil Code 1895, § 3706; Civil Code 1910, § 4300; Code 1933, § 20-901.
§ 13-5-2. Incapacity Generally
A person may plead his own incapacity to contract. History. Orig. Code 1863, § 2698; Code 1868, § 2694; Code 1873, § 2736; Code 1882, § 2736; Civil Code 1895, § 3653; Civil Code 1910, § 4238; Code 1933, § 20-208.