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(citingLoggins v. Gates, 301 S.W.2d 525, 527 (Tex. Ken holds a J.D. Defenses Related to Contract Formation Duress App.Dallas 2011, pet. Perry Homes v. Cull, 258 S.W.3d 580, 60203 (Tex. App.Texarkana 1992, writ denied). The doctrine of estoppel, including quasi-estoppel, is designed to protect the innocent; thus, a party may not urge this defense as a shield against its own tortious acts. Steubner Realty 19, 817 S.W.2d at 164. Summary judgment should not have been granted on the basis of ratification.Id. App.Austin 1995, no writ) (estoppel);Pickett v. Heygood, Orr & Reyes, L.L.P., No. App. Steubner Realty 19 v. Cravens Road 88, 817 S.W.2d 160, 164 (Tex. Id. your case. The most common defenses to enforcement of a contract or liability for damages are: Enforcement of the contract would violate public policy. Additionally, quasi estoppel is a defense that prevents a party from obtaining a benefit by asserting a right to the disadvantage of another that is inconsistent with the partys previous position. (quasi-estoppel); Spangler v. Jones, 861 S.W.2d 392, 397-98 (Tex. App.Dallas 1984, no writ). Your See Vessels v. Anschutz Corp., 823 S.W.2d 762, 765 (Tex. Defendant argues that count II fails to state a sufficient cause of action. David'sfinancial institution experience includes (but is not limited to): breach of contract, foreclosure litigation, lender liability, receivership and injunction remedies upon default, non-recourse and other real estate lending, class You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. App. Sometimes the contract and relationship is too important to toss out entirely and drawing up new terms on the same subject matters serves both parties positively. Example: The contract is for commission of murder. The elements of ratification are: (1)approval by act, word, or conduct; (2)with full knowledge of the facts of the earlier act, and (3)with the intention of giving validity to the earlier act. Law, Government Co. v. State, 1 S.W.3d 264, 266 (Tex. Civ. Vessels, 823 S.W.2d at 762; Theriot v. Smith, 263 S.W.2d 181, 183 (Tex. Breach of Contract Defenses: Florida | Practical Law - Westlaw Breach of Contract Defenses: New York | Practical Law