Breach of Contract Lawyer Near Sylvania, Ohio

Sawan & Sawan - Local Family-Owned Sylvania Law Firm

Ohio Breach of Contract Lawyers

When parties to an agreement don’t honor the agreement, its usually necessary to seek the advice of a breach of contract lawyer. The breach occurs, when one party does not live up to his or her side of the bargain. This can occur with either an oral or written contracts as long as they are legally enforceable and create obligations to perform. The breach can either be resolved by the parties or in a court of law.

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Examples of Breach Of Contract

Before a breach, there must be a valid contract in place. The one complaining must have performed all of the conditions under the contract. The other party must fail in her obligations under the contract. Once the contract is breached, the complaining party must prove her damages. An example of a breach of contract would be if a person fails to make a payment on time or fails to pay at all after signing an agreement to pay by a certain date. An example would be a company that fails to pay a marketing firm for its services after agreeing a payment was due on a certain date and the marketing firm performed their end of the bargain. 

Anticipatory Repudiation or Breach

In an anticipatory repudiation action, the breaching party advises the other party that she won’t be able to honor her obligations under the contract within the contractual time limits. Once repudiation occurs, the non-breaching party must take steps to mitigate the losses. She can decide to sue immediately, affirm or rescind the contract, or seek damages. If she affirms, the contract will continue. If she rescinds, the contract is canceled and she can sue for damages. As to those damages, she can seek expected, consequential, incidental, or reliance damages. She can also look to specific performance where the court will force the breaching party to honor the contract.

Breach of Contract Statute of Limitations

If you are involved in a breach of a written contract, under Ohio Revised Code 2305.07 effective on June 16, 2021, you have six years to file your claims. If oral, you have four years. The time frame begins to run when the cause of action accrues.

Breach of Contract Defenses

A breaching party in a contract action has several defenses she can raise. Under the “Statute of Frauds” certain contracts must be in writing. One of these would be a real estate contract. If it were oral, she could use that doctrine to negate the contract. An indefinite contract can be a defense if certain terms were never agreed too. This means the contract was not final or the court could not determine essential terms. A mutual mistake about an essential term in the contract can negate it. Both lack of consent or fraudulent inducement can also end the contract. If unconscionable as the contract is unfair or oppressive, it too can be canceled. Different understandings of the contract by the breaching party, may result in an estoppel defense to be applied. If the contract is illegal in its purpose, it may also raise a defense. It is important to have your case reviewed to analyze the defenses that might be available.

Breach Of Contract Remedies

In a breach of contract action the following remedies are generally possible to pursue:

  • Compensatory damages.
  • Expected Or Consequential Damages.
  • Specific Performance.
  • Restitution.
  • Rescission.
  • Reformation.
  • Nominal Damages.

Each category of damages can be complex and require a deep analysis of the facts and law that apply to any given case. Some may or may not be available depending on the nature of the agreement and factual background of the breach and performance of the parties. Breaches may be material or immaterial in certain cases. 

Damages for Breach of Contract

In a breach of contract case, the non-breaching party can seek both general and specific compensatory damages. These damages look at the direct losses the injured party incurred. The end result is to place the party back in the same position she would have been if the contract had been completed. Another damage available is to give the non-breaching party her costs. Called reliance damages, this recovery allows the costs incurred to be reimbursed by her reliance on the other party’s performance. Restitution damages are permitted and allows recovery of the windfall the breaching party gained. A court can require specific performance by the breaching party. In this instance, the court will require that party to complete the conditions under the contract. In a liquidated damage award, the breaching party will pay a fixed amount as outlined in the contract. A rescission award allows the cancellation of the contract. This puts the parties back in their pre-contract position. An order of injunction by the court, will either prevent or allow certain actions.
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Dennis P. Sawan

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Chris Sawan

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