Defendant Deposition Questions Breach of Contract

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									This Breach of Contract Defendant Deposition Commonly Asked Questions sets forth
recommended questions for deposing a defendant in a contract dispute. The questions
cover all the relevant issues related to a contract. Additional questions may be added
by the deposing party to ensure that all of the necessary answers are evoked from the
deponent, thus making it fully customizable. As such, this document will help ensure
that the attorney gets all of the necessary information from the deponent. Use this
document as a template for deposing a party.
             Breach of Contract Defendant Deposition Commonly Asked Questions
1. Has any person alleged that you breached any contract in the past ten years? Who set forth
    the allegation? How did they inform you of the allegation? What was the disposition of each
    such claim? In which jurisdiction was each claim brought? What was the file number for
    each claim?
2. Have ever started any legal proceeding in which you claimed that someone else breached an
    agreement with you? Who are all the parties to such a proceeding? What was the date that the
    proceeding was initiated? In what jurisdiction was the claim filed? What was the disposition
    of each such claim? Who was counsel for each party to such proceeding? Do any writings
    exist that are related to such claim? Who is in possession of those writings?
3. Have ever started any administrative proceeding in which you claimed that someone else
    breached an agreement with you? Who are all the parties to such a proceeding? What was the
    date that the administrative proceeding was initiated? What was the disposition of the
    proceeding? Who was counsel for each party to such proceeding? Do any writings exist that
    are related to such claim? Who is in possession of those writings?
4. Do you assert that the contract is invalid due to either party’s lack of present intent to enter
    into a contract? Who has knowledge related to this assertion? Do any writings exist that
    support this assertion? If so, who is in possession of these writings?
5. Do you assert that you did not intend to be bound by the terms of the contract? What facts
    support this assertion? Who has knowledge related to this assertion? Do any writings exist
    that support this assertion? If so, who is in possession of these writings?
6. Do you assert that plaintiff should have understood that you did not intend to be contractually
    bound by the terms of the contract? What facts support this assertion? Who has knowledge
    related to this assertion? Do any writings exist that support this assertion? If so, who is in
    possession of these writings?
7. Do you contend that you merely were soliciting offers from plaintiff and did not intend to be
    contractually bound by the terms of the contract? What facts support this assertion? Who has
    knowledge related to this assertion? Do any writings exist that support this assertion? If so,
    who is in possession of these writings?
8. Do you assert that the terms of the contract were no sufficiently certain to constitute a legal
    binding contract? What facts support this assertion? Who has knowledge related to this
    assertion? Do any writings exist that support this assertion? If so, who is in possession of
    these writings?
9. Do you assert that you did not enter into a contract with regard to ______________
    [Instructions: Insert subject matter of contract]? What facts support this assertion? Who
    has knowledge related to this assertion? Do any writings exist that support this assertion? If
    so, who is in possession of these writings?
10. Do you assert that the time for performance of the contract was not stated clearly? What facts
    support this assertion? Who has knowledge related to this assertion? Do any writings exist
    that support this assertion? If so, who is in possession of these writings?
11. Do you assert that the agreement did not sufficiently establish the price? Who has knowledge
    related to this assertion? Do any writings exist that support this assertion? If so, who is in
    possession of these writings?
12. Do you assert that the agreement was not accepted within the designated time frame? Who
    has knowledge related to this assertion? Do any writings exist that support this assertion? If
    so, who is in possession of these writings?
13. Are you claiming that you or the plaintiff failed to communicate acceptance of the offer?
    What time frame was established for the acceptance of the offer? Who has knowledge related
    to this assertion? Do any writings exist that support this assertion? If so, who is in possession
    of these writings?
14. Are you asserting that the offer was revoked prior to any acceptance? How was it revoked?
    Who has knowledge related to this assertion? Do any writings exist that support this
    assertion? If so, who is in possession of these writings?
15. Do you assert that the offer was rejected? How was it rejected? Who has knowledge related
    to this assertion? Do any writings exist that support this assertion? If so, who is in possession
    of these writings?
16. Do you assert that the offer was rejected because a counteroffer was proposed? When was
    the counteroffer proposed? What were the terms of any such counteroffer? Who has
    knowledge related to this assertion? Do any writings exist that support this assertion? If so,
    who is in possession of these writings?
17. Do you assert that either party did not have authority to enter into an agreement? Who has
    knowledge related to this assertion? Do any writings exist that support this assertion? If so,
    who is in possession of these writings?
18. Do you assert that the contract is invalid due to mutual mistake? Who has knowledge related
    to this assertion? Do any writings exist that support this assertion? If so, who is in possession
    of these writings?
19. Do you assert that the contract is invalid due to fraud? Who has knowledge related to this
    assertion? Do any writings exist that support this assertion? If so, who is in possession of
    these writings?
20. Do you assert that the contract is invalid due to a material misrepresentation? Who has
    knowledge related to this assertion? Do any writings exist that support this assertion? If so,
    who is in possession of these writings?
21. Do you assert that the contract is invalid due to duress? Who has knowledge related to this
    assertion? Do any writings exist that support this assertion? If so, who is in possession of
    these writings?
22. Do you assert that the contract is invalid due to undue influence? Who has knowledge related
    to this assertion? Do any writings exist that support this assertion? If so, who is in possession
    of these writings?
23. What were the terms of the contract?
24. Where was the contract formed?


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25. When was the contract formed?
26. Who was present for the formation of the contract? What were there positions? What
    meetings were conducted leading up to the formation of the contract? Were there any
    discussions by phone?
27. What happened at each stage of the negotiation of the contract? What did each person say
    and/or do? Did anyone keep notes of the negotiation?
28. What was main focus of the contract?
29. How long was contract in existence?
30. Do you assert that you have an excuse for non-performance of the agreement? Who has
    knowledge related to this assertion? Do any writings exist that support this assertion? If so,
    who is in possession of these writings?
31. What steps did you take to perform under the contract?
32. Do you contend that you were unaware of the damages that plaintiff would sustain as a result
    of your breach?




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