Breach of Contract Lawyer Near Perrysburg, Ohio

Sawan & Sawan - Local Family-Owned Perrysburg Law Firm

Ohio Breach of Contract Lawyers

Breaching a contract happens when one party fails to deliver under the conditions of an agreement. The agreement can be either oral or written. Both of the parties can either settle the matter by themselves or have a court intervene. Breaches can happen if parties do not perform or their conduct otherwise violates contract law For example, if a party provides false information during contractual negotiations, that conduct can lead to a breach. For example, a real estate agent that misrepresents the condition of a home could constitute a breach. Whether or not a contract was breached depends on the specific facts of the case.

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The Elements of Breach Of Contract

Breaching a contract occurs when a valid contract is not completed. There must be a valid contract, complete performance by the complaining party, and failure by the other party in its performance under the contract. Once the contract is breached, the complaining party must prove her damages. If a party breaches a contract, the complaining party may recover compensatory, expected, or consequential damages, request specific performance, restitution, rescission, reformation, or nominal damage.

Anticipatory Repudiation or Breach

If one party advises the other party that she won’t be able to honor the contract within the contractual time period, an anticipatory breach occurs. When it does, the non-breaching party can sue immediately before the contractual deadline. She must make attempts to mitigate her losses. She can also affirm and reconfirm the contract or rescind and look for damages. She can seek expected, consequential, incidental, or reliance damages. A court may also order specific performance forcing the party who breached fulfill her obligations under the contract.

Breach of Contract Defenses

Several defenses for a breach of a contract action are available to a breaching party. If an oral contract was entered into in a real estate purchase which needs to be in writing under the “Statute of Frauds,” the contract could be terminated. In an indefinite contract defense the breaching party must show that certain important terms were never agreed to. When this happens, the contract was never finalized and the court can not decide on the essential terms of the contract. The defense of mutual mistake is available when the parties make a mistake on an essential contract term. Lack of consent or fraudulent inducement can also negate the contract. If the contract is unfair or oppressive and unconscionable, this defense can end the contract. An estoppel defense is available if the parties have a different understanding of the contract. If the end result of the contract is illegal, the breaching party may use it as a defense.

Damages in Breach Of Contract Cases

In a breach of a contract case, the injured party can seek both general and specific compensatory damages. This gives the non-breaching party the direct losses she incurred. These damages seek to put the party in the same position as if the contract were completed. Costs are also recoverable by the non-breaching party under reliance damages. This damage allows the party to recover her costs based on her reliance on the other party’s performance. Under restitution, the non-breaching party can recover the gains that the breaching party received. In a specific performance action, the court can require the breaching party to complete all the conditions under the contract. A liquidated money damage award under the contract will be given to the non-breaching party as outlined in the contract. Rescission allows the cancellation of the contract. This damage puts the parties back in their pre-contract position. Finally, an injunctive order will permit or prevent certain actions.

Statute of Limitations in Breach of Contract Lawsuits

On June 16, 2021, Ohio Revised Code 2305.07 reduced the statute of limitations for breach of a written contract from eight years to six years. On that same date, breach of an oral contract was reduced from six years to four years. The time under the statute of limitations begins to run when the breach occurs.
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Dennis P. Sawan

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Chris Sawan

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