Incarceration is NOT typically considered a defense to the performance of a contract.
Force Majeure, duress, and fraud are all recognized legal defenses that can excuse or void the performance of a contract under certain circumstances. Force Majeure refers to unforeseeable circumstances that prevent fulfillment of the contract, duress involves coercion in the agreement, and fraud refers to deceit that induces one party to enter into the contract. Incarceration, while it may affect a person’s ability to perform, is not itself a recognized legal defense to a contract.
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