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What does it mean to breach a contract?

If you entered into a written agreement with another party, you probably entered into a contract. For instance, if you agreed to provide a service or goods in exchange for money, and each of you accepted those terms, then you have a contract.

Continuing with this example, if you or the other party fails to fulfill your part of the contract, it would constitute a breach of it. The breach doesn't have to fully void the contract; a partial breach is possible. For instance, the other party may only pay you a portion of what he or she owes you under the agreement.

So, what happens now?

If you and the other party are unable to work out your contractual issues on your own, you may need to take the matter to an Ohio court. If that happens, you will need to show the following:

  • You entered into a valid contract, which means that it contains all of the elements required by law. 
  • You must prove that you fulfilled all of your obligations under the contract.
  • You will need to provide evidence, proving that the other party failed to meet his or her obligations under the contract. 
  • You need to show that you gave the other party the opportunity to cure the breach; i.e., by paying you the remaining money owed.

If the court determines that the other party breached the contract, then the court may award you monetary damages in the form of a financial award. Under certain circumstances, the court could award you non-monetary relief as well.

The court could order the other party to fulfill its obligations under the contract (specific performance) or an injunction to stop the other party from taking some action that caused you damage. Finally, the court may allow you to get out of the deal altogether by rescinding the contract.

You don't have to do this alone

Contract law is not quite as simple as it may appear. Even the smallest of details in your case could affect the outcome. In addition, you may not know what sort of remedy or remedies would make you whole again, so you wouldn't know what to ask for from the court. Answering all of these questions in a way that provides you the best possible outcome will more than likely require some legal support.

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