Using the material on contract law presented in this chapter, identify which defenses the defendants in the following hypothetical cases might use in an action for breach of contract:

a. Mrs. Martinez, a Spanish-speaking immigrant, buys a washing machine and signs a financing agreement that allows her to pay for it in monthly installments. The agreement contains a clause that allows the store to repossess the appliance if she misses a payment. Mrs. Martinez misses the next to-last payment. The store notifies Mrs. Martinez that she has breached her contract and that it intends to repossess the washing machine. How might Mrs. Martinez defend against the store’s action?

b. Sally orally agrees to purchase a farm from her lifelong friend, Fred. She promises to pay Fred

$120,000 for the farm. She trusts Fred, so she does not put the deal in writing. A few days later, Fred sells the same property to Nell for $140,000. Fred and Nell put their agreement in writing. When Sally learns of Fred’s contract with Nell, she sues Fred for breach of contract. What is Fred’s defense?

c. Rob enters into a contract with Tom to sell Tom fifty sweaters in Christmas colors and featuring Christmas designs. The first shipment of sweaters is due on October 1, 2021. When the sweaters are not delivered, Tom calls Rob and learns that the factory where the sweaters were to be produced has burned down. Tom, who is upset because he needed the sweaters for his Christmas catalog sales, sues Rob for breach of contract. What is Rob’s defense?