what is actual breach of contract

No matter what kind of business you are in, a breach of contract can impact your company, your customers, and your livelihood. But what is an actual breach of contract in Ohio?

An actual breach of contract is when a party to the contract fails to meet the obligations stated in a contract by the due date. This means the contract is already broken—there is no way to save the agreement or prevent the breach. 

A party can breach a contract in many ways, from failing to meet agreed-upon deadlines to total nonperformance. Fortunately, Ohio law provides remedies for actual breach of contract. In this post, the Bensinger Legal Services team will walk you through what “actual breach of contract” means, how to recover from a breach, and how an attorney can help.

To request a consultation with an experienced Ohio breach of contract attorney, please call (419) 455-1410 or send us an online message today.

What Happens After an Actual Breach of Contract?

In Ohio, when an actual breach of contract occurs, the non-breaching party may pursue legal action to seek remedies for the breach. Typically, these are legal in nature, and non-breaching parties often benefit greatly from the assistance of an Ohio breach of contract lawyer. The specific steps and remedies available will depend on the contract terms and the nature of the breach. 

Usual steps include:

  • Hiring an attorney,
  • Sending a demand letter to the breaching party,
  • Filing a lawsuit if the breach is not cured,
  • Participating in alternative dispute resolution like mediation,
  • Considering settlement offers, and
  • Going to trial if mediation and settlement negotiations are unsuccessful.

The dispute will probably proceed to trial if a settlement cannot be reached. If the non-breaching party successfully proves that a breach occurred and that they suffered losses as a result, they may be awarded damages as compensation to compensate them for their losses.

Please note that the specific steps and remedies available may vary depending on the circumstances of the breach, the terms of the contract, and even your specific location in Ohio. A qualified attorney can help you navigate your breach of contract claim.

Actual Breach of Contract Examples

An actual breach happens when one party refuses or fails to perform its side of the bargain on the due date or fulfills the obligations of the contract incompletely. 

Examples of an actual breach of contract include:

  • A contractor fails to complete a construction project by the deadline specified in the contract;
  • An employer fails to pay an employee the agreed-upon salary or wages;
  • A supplier fails to deliver goods to a customer on the date specified in the contract; and
  • A company breaches a confidentiality agreement by disclosing trade secrets or confidential information to a competitor.

In each of these cases, it is clear that the breaching party failed to live up to its obligations and completely failed to perform under the contract. When that happens, it means that an actual breach of contract occurred. In that case, the non-breaching party may be entitled to certain remedies under the law.

Remedies in Actual Breach of Contract Cases

In Ohio, there are several remedies that may be available in actual breach of contract cases, depending on the circumstances of the breach and the terms of the contract. 

Some of the most common remedies include:

  • Direct and special damages, most often meaning compensatory damages;
  • Specific performance in cases where monetary relief would be inadequate or unavailable;
  • Rescission and restitution, permitting the non-breaching party to seek to rescind the contract and recover any payments or benefits that they provided under the contract;
  • Punitive damages, which are awarded only in cases where the breach was intentional or malicious; and
  • Attorney fees and costs.

It is important to note that the specific remedies available to you will depend on the contract terms and the circumstances of the breach in question. It is always recommended to consult with a qualified attorney to understand your legal rights and options in a breach of contract case in Ohio.

Get Help from an Ohio Breach of Contract Attorney Today

We understand how it can be both frustrating and financially devastating when agreements do not go to plan. The Bensinger Legal Services team has spent years helping Ohioans maximize compensation in recovery, minimize losses, and walk away satisfied from with a challenging process.

Aaron Bensinger wants to hear from you if you’re facing a breach of contract case and live in Ohio. He thinks it’s important for everyday people to have a fair chance to voice their concerns. To schedule a consultation with our team, call us at (419) 455-1410 or fill out our online contact form.

Author Photo Aaron L. Bensinger

Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.

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