Elements Of A Breach Of Contract Claim In Ohio
As an Ohio business owner, you use contracts every day. When another party violates the terms of that contract, you have little recourse to enforce the terms. However, the Columbus breach of contract attorneys at Kohl & Cook can help you file a breach of contract claim against the offending party to recoup financial losses related to the breach. In this article, we’ll discuss breach of contract claims and how they work in Ohio.
Four elements of a breach of contract claim
Almost all forms of business litigation include some form of breach of contract claim. The four elements required to prove such a claim are:
- A valid contract
- Performance (doing what the contract stipulates)
- The defendant’s failure to perform what the contract stipulates
- Damages caused by the breach of contract
If you, as a business owner or consumer, relied on another party to fulfill their end of a contract, and that business failed to carry out their end of the bargain, you will have a valid breach of contract claim against them.
In Ohio, you have 6 years to bring a breach of contract claim against another party. You have only 4 years if the contract was not in writing. While there are some conditions on which the statute of limitations can be tolled, a court will usually dismiss claims that are brought after 6 years.
What constitutes a valid contract?
All valid contracts include:
- An offer
- Mutual acceptance of the terms
- A meeting of the minds on the accepted terms
- Mutual intent that the contract is legally binding
A legally binding contract exists when one party makes an offer to do something and the other party accepts. Both parties need to have the same understanding of the terms of the contract, and both must intend to be legally bound by those terms.
A legally valid contract requires that one or both parties do something or refrain from doing something. You can establish a breach of contract claim by proving that you upheld your end of the bargain while the other party did not. You must establish that the defendant did not do what they agreed to do when agreeing to the contract.
What damages can you recover in a breach of contract claim?
Breach of contract claims are meant to place you in the position you would have been in had the contract not been breached. Damages you can recover include:
- General damages – These are meant to compensate you for direct losses caused by the breach including financial damages and reimbursement of costs.
- Special or consequential damages – These are meant to compensate you for things related to the breach. This can include missed business opportunities that occurred while you were waiting for the other party to perform their end of the contract.
- Equitable damages – These are when the court compels the other party to fulfill their end of the contract.
Talk to a Columbus Civil Litigation Attorney Today
Kohl & Cook Law Firm, LCC represents the interests of aggrieved parties in breach of contract claims. Call our office today to schedule an appointment, and we can begin discussing your problem right away.
