When one party makes an offer and another accepts it, a contract is formed. Generally, 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 impractical 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 Niles
In Niles, breaches of contract usually 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. If this disagreement cannot be resolved, the matter may be taken to court. Courts generally require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
Sometimes a monetary award will not help, and in such cases courts in Niles, Ohio may grant injunctions that require the party at fault to perform its obligations. You should consider whether this kind of remedy suits your situation, and if it does, the concern must be plead properly to the court so that it can consider the question. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract actually 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 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 impractical. Niles, 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 Niles, Ohio area can advise you about how best to proceed.