Dinn, Hochman & Potter, LLC

Steps to prove a breach of contract

Contracts are put in place for a specific reason: to ensure that all parties involved uphold their end of an agreement or arrangement. When one party is not fulfilling that obligation, a breach occurs and can put the other party or parties in a precarious situation. However, the process of proving a breach of contract must be carefully executed if you want to have the best chance of getting a profitable outcome.

Contracts can be difficult to prove if they are not tangible. That is why it is so important to draft and have all parties sign a clearly worded contract. Make sure all parties sign the contract, thereby acknowledging their awareness of the terms they are committing to.

Once you have done this, you must prove that you upheld your end of the agreement. If you have not done what you promised, it doesn't leave you with a strong leg to stand on.

Once you've proven you upheld your end of the ordeal, can you prove they have not done their part? Again, this is harder to do if you do not have a written contract; it could come down to trying to find proof when the evidence is only one person's word against the other.

Finally, be prepared to justify the damages you have incurred. This could come from lost income, or money you would have brought in had the contract been executed properly. It could also be assessed from the cost to have someone else fulfill the commitment made in the contract.

If you need help proving a contract was broken or if you want to create a solid contract, an Ohio business law attorney may be able to help.

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