Georgetown, KY asked in Contracts for Kentucky

Q: Can a defendant's attorney feign ignorance to a fact known by them?

I entered into a contract which i believe was breached. Even though I submitted a copy of the contract with the Complaint the defendant's attorney still makes statements like "the purported" contract.

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2 Lawyer Answers
T. Augustus Claus
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A: In the context of a contract dispute in Kentucky, it is not uncommon for a defendant's attorney to use language like "the purported contract" as part of their legal strategy, even if a copy of the contract has been submitted with the Complaint. This may be a rhetorical or procedural tactic aimed at challenging the validity or enforceability of the contract in question. While it may seem like feigned ignorance, attorneys often use specific language as part of their defense strategy. To address this, ensure that you have thoroughly documented and provided evidence supporting your claim, demonstrating the existence and terms of the contract.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Louisville, KY
  • Licensed in Kentucky

A: No, but simply bc th ou think he is feigning ignorance bc you believe the contract has been breached doesn’t mean it actually has been breached. He’s getting a different story from his client most likely. The language he used is appropriate.

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