Dinn, Hochman & Potter, LLC

What is a breach of contract?

Contracts are a common part of doing business. Ohio businesses use them in the sale and purchase of products, in the employment of individuals and in many other instances. The purpose of the contract typically is to establish the specific terms of the individuals' or businesses' agreement. When the terms of such an agreement are not met, then it is possible that a breach of contract has occurred.

When individuals or businesses believe that a breach of contract has occurred, it is possible that they will seek to rectify the situation through legal means. If such a claim is made, there are a number of questions that must be answered. Additionally, it may be necessary to determine that if a breach did occur and whether any breach identified was a material or a minor one.

The first thing to be determined is whether a contract did in fact exist. Once this fact is established, then it is necessary to analyze the responsibilities of each party under the terms of the contract. Additionally, was the contract modified in any way or did a breach of contract actually occur? Each of these factors are essential for a judgment to be made regarding whether a breach occurred and, if so, how best to remedy the breach.

If it has been determined that a breach of contract has occurred, it may also be necessary to determine if the breach is a material or minor one. With a material breach, the injured party typically is released from contractual performance and may seek remedy in an Ohio court. Likewise, with a minor breach, both parties typically are still bound to perform under the terms of the contract; however, there may be damages or other issues that need to be taken into consideration.

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5910 Landerbrook Drive, Suite 200
Cleveland, OH 44124

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