When one party makes an offer and another accepts it, a contract is created. Usually, contracts will be written documents in Ohio, but oral agreements of certain types can be the basis of a contract. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to honor their bargain during the course of business, or it may be unrealistic to perform. What happens after a breach of contract depends on the circumstances. The party that breached the contract might be ordered to pay for the other's loss, and this sometimes makes it necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Amherst
In Amherst, breaches of contract typically entitle the party not in breach to recover a monetary damage award from the other party. The amount of this award is frequently a matter of dispute in court, however. Courts might be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
If a money award will not help, courts in Amherst, might also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract truly occurred; how and why the obligation went unfulfilled are also factors in Ohio law.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed cautiously in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how Ohio law may impact your case when fulfilling a contract becomes unrealistic. Amherst, Ohio Since contractual disputes often turn on questions of timing, you should consult an lawyer as soon as you suspect that a contract has been violated. Many lawyers in the Amherst, Ohio area have specialized in contract law.