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. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Marietta
Breaches of contract in Marietta are typically handled by the party who breached paying the other party monetary damages. The exact amount of damage awards, however, is often a matter of disagreement. 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 Marietta, 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 intending to breach a contract, a party must proceed carefully 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. Marietta, Ohio Disputes in contract law can involve complex questions of timing, and so you should consult an attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Marietta, Ohio area can advise you about how best to proceed.