A contract is a legal agreement your business makes with another for the exchange of items or performance of services. When the other party to that agreement is not sticking to it, you and your business may suffer severe losses.
A contract breach occurs when one party to an agreement does not perform as indicated in the document. Several things need to happen before Ohio law considers it a breach.
What do you need to prove in a contract breach?
If you have a contract and feel the other party violates the terms, either by failing to follow through or by not performing up to the standards, you may have remedies, including a lawsuit. However, you need to ensure that this situation has the elements required for the court to consider it a breach.
The contract is valid
The only way a court will move and place sanctions against a breaching party is if the contract is legally binding. A valid contract must conform to the standards set under Ohio law.
You upheld your role
You must show the court that you upheld your side of the agreement. If you did not, the court may rule that you caused the breach to occur.
The other party did not perform
You should prove that the breaching party did not do as the contract intends. Documentation such as communication between you and the other company may prove beneficial when doing this.
The breach cost you money
The court wants to know how the breach in performance affected your bottom line. This goes beyond a minor inconvenience to tangible financial impacts.
A contract breach may prove financially devastating if you do not take action. It helps to seek the counsel of an experienced professional for guidance.
