What are the Elements of a Breach of Contract Claim in Ohio?
If you are a business owner, you probably have dealt with another business that hasn’t upheld their end of the bargain. There are numerous challenges that arise from proving a breach of contract claim in Ohio. In this article, the at Kohl & Cook Law Firm, LLC will discuss the elements of a breach of contract claim in Ohio.
What are the elements of a breach of contract claim in Ohio?
Almost every type of business litigation has some element of a breach of contract claim. The elements of such a claim include:
- A valid contract;
- Performance of the duties indicated by the contract;
- Failure to perform the duties stipulated by the contract; and
- Damages caused by a party’s failure to perform those duties.
If you relied on another business to uphold their end of a contract, and they failed to do so, you may be entitled to file a lawsuit against that business for breach of contract.
What constitutes a valid contract in Ohio?
A valid, legal contract includes:
- An offer;
- Mutual acceptance of the terms of the contract;
- A meeting of the minds on accepted terms; and
- Mutual intent that the contract is legally binding.
A legal contract exists when one party makes an offer to do something for another party. Both parties are required to have the same understanding of the terms of the contract, and both parties must intend to be legally bound by the contract.
What damages can you recover in an Ohio breach of contract claim?
When two parties agree to a contract and one party does not fulfill their end of the bargain, the aggrieved party can file a breach of contract claim against the other. In these cases, business interruption can result from a breach of contract. The business may suffer loss of income because of one party’s failure to uphold their end of the bargain. In these cases, the breach of contract damages are meant to put the aggrieved party in the position it would have been in had the contract been fulfilled as promised.
Damages include:
- General damages that compensate the aggrieved party for direct monetary losses related to the breach, including financial damages and reimbursement costs;
- Consequential damages designed to compensate the aggrieved party for losses related to the breach, such as missing out on other business opportunities that the aggrieved party passed up because they did business with a party who breached the contract; and
- Equitable damages when the court forces the a party to uphold their end of a contract.
To pursue a breach of contract claim, you must be able to establish damages or economic injury related to the breach.
Talk to an Ohio Breach of Contract Attorney Today!
Kohl & Cook Law Firm, LLC represents the interests of Ohio businesses engaged in contract disputes. If your business has suffered damages related to a breach of contract claim, you may be entitled to recover damages. Call our office today to schedule an appointment and we can begin discussing your claims immediately.
