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business litigation

Breach of Contract

Introduction to Breach of Contract Claims

A breach of contract is a failure, without a legally recognized excuse, to perform some requirement under a contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty. A breach of contract might occur, for instance, when a customer refuses to pay and prevents a contractor from finishing a home improvement project, or where a contractor takes the customer's money and doesn't complete the agreed-upon work.

Under Ohio contract law, a breach of contract can be categorized as “material” or “immaterial,” depending on its seriousness. A material breach occurs when the duty not performed is so essential that the main purpose of the contract cannot be fulfilled. An immaterial breach occurs when the majority of the duties specified in the contract have still been performed. You can sue and seek damages for a material or immaterial breach, but only a material breach allows you to terminate the contract.

To prove a breach of contract, you must prove that: (1) a valid, enforceable contract exists, (2) the other party breached the contract, (3) you suffered damages (i.e., lost money) as a result, and (4) the other party’s breach of contract was the actual case of your damages. Each of these “elements” has its own intricacies.

The Durst Law Firm handles all types of business disputes, including breach of contract claims. We can review your contract, help you understand what rights, obligations, defenses and remedies you may have, and represent you zealously in and out of court.

Call us today at (513) 621-4999 for help with legal issues facing your business.