If two individuals or organizations enter into a written agreement, it is considered to be a contract. If the one of the parties does not meet their obligations as defined by the agreements, they are considered to be in breach of contract. When this occurs, the dispute can either be resolved through mediation, arbitration or through the court system, and the court system is the most common way of handling disputes.
Businesses engaged in the selling of goods often enter into sales contracts with buyers. These contracts are formed when a business agrees to supply goods to the buyer by a certain time, and the buyer agrees to pay money in exchange. Sales contracts are legal documents, and when a party breaches the contract, the breaching party can face negative consequences.
The remedies available to a plaintiff in an Ohio breach of contract case depend on the terms of the contract. The most common remedy is money damages, but the plaintiff may in some circumstances pursue rescission, specific performance or injunctive relief, either in lieu of or in addition to money damages. As a preliminary matter, the non-breaching party should generally notify the other of a breach as soon as possible. Failure to timely notify the breaching party may preclude or limit recovery in some cases.
Ohio residents may be interested to learn about a breach of contract dispute that was just resolved between Xerox and the Montana Department of Health and Human Services. As of July 18, the state agency has confirmed that Xerox is no longer in breach of contract, and the company has begun cooperating with the planning of a $70-million-dollar project to create a payment handling system.
For many people, contracts are more than just agreements; they are a way of doing business. Many individuals and companies in Cleveland rely on contracts in order to make money. If one party backs out of their obligations, they may be held responsible for breach of contract. As one recent incident illustrates, the action can be costly.
Ohio companies and individuals can face many situations that require the creation of formal contracts. Real estate contracts for the purchase of a home, construction management contracts for the development of a new structure or project, sale contracts for purchases and other business contracts are a regular part of life in our society. Most of the time, such agreements are honored and followed through without issue. Other times, however, problems can arise.
Many businesses routinely use confidentiality agreements and non-disclosure agreements to protect intellectual property. Depending on the circumstances, though, such agreements may prove to be ineffective, as demonstrated by a recent federal district court case. After signing a confidentiality and non-disclosure covenant, a recipient of confidential information created and sold a product similar to the one created by the disclosing party. After terminating the relationship a few months later, the recipient continued to sell the product, which resulted in the business litigation.
Many Ohio residents are likely to have been fans of the hit T.V. show "Friends." Although the show ended in 2004, the actors on the show continue to earn money for residuals when the show earns money from sales, projects or reruns. In 2008, actress Lisa Kudrow, who played Phoebe on the show, was sued by her former manager for $50,000 in fees from residuals. The lawsuit recently ended with a verdict in favor of the manager for $1.6 million for past and future economic losses.
Cleveland residents may be interested in the latest legal troubles for singer, actress and designer Courtney Love. Ms. Love was recently sued by a psychiatrist, who claims that she owes him more than $48,000. The one-page business litigation summons was filed in New York County Supreme Court.
A defunct funeral home owner in Ohio was charged with theft and fraud after accepting payments from clients. The 45-year-old woman was indicted Dec. 20 on 51 counts that included engaging in corrupt activity, tampering with records and violation of pre-needs contracts. The woman owned and operated the funeral home with her husband.