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 Canal Winchester
A breach of contract in Canal Winchester normally entitles the party who fulfilled its end to recover monetary damages from the party that did not. The exact amount of these damage awards, however, is usually a subject of contention in court. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can
If a money award will not help, courts in Canal Winchester, may 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. 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?
If a party intends to violate a contractual agreement, it must proceed carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may be taken as wrong doing. When fulfilling a contract becomes unrealistic, it is important to be aware of the unique ways that Ohio law may impact your case. Canal Winchester, 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 Canal Winchester, attorney specializing in contractual breach can lend help when things go wrong.