When one party makes an offer and another accepts it, a contract is formed. 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 sometimes choose not to honor their bargain during the course of business, or it might be unrealistic to perform. What happens after a breach of contract depends on the circumstances. The party that breached the contract may 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 Barberton
In Barberton, 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 may 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 monetary award will not resolve the issue, courts in Barberton, Ohio may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract truly occurred. In Ohio law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
A party must proceed carefully in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract may be taken as wrong doing if care is not used. Awareness of Ohio law in this area becomes important under these circumstances. Barberton, Ohio If you believe a contract has been or may be violated, you should consult with an attorney before proceeding. Contracts disputes almost always involve delicate issues of timing. A Barberton, attorney specializing in contractual breach can lend help when things go wrong.