Breach of Contract
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What is a Breach of Contract?
If you have a deal with someone and they are not living up to their end of the bargain, you might have a case for breach of contract. That includes contractors who agreed to fix your shed, an insurance company that is not paying you as they are required to under the insurance policy, and a company that does not live up to the terms of their own warranty.
A Few Things to Remember
- In the law, the word “contract” just means an “agreement.” With very few specific exceptions, contracts do not need to be in writing.
- You just need offer, acceptance, and consideration to form a contract. However, to sue for breach of contract, you also need damages. For example, if you had an agreement whereby someone would buy your tv for $200, and they never showed up to buy the tv. That is breach of contract, but you might not have damages if someone else is waiting to buy the tv for $200. But, if someone says they are going to buy your tv for $200, gives you a check, and takes the tv, but the check bounces so you do not get the $200, you have damages. That means you are out money because the other person breached the contract.
Tips if You are Going to Sue for Breach of Contract
1. Tell your lawyer everything about your breach of contract case.
As with any case, you should always tell your lawyer everything that you think could be relevant to your breach of contract case. Never withhold information, hoping that no one will figure it out. The defendant (the person or company you are suing) will probably figure it out, and you do not want your lawyer to be surprised.
2. It’s Probably Okay if Your Contract Isn’t in Writing.
Most contracts don’t need to be in writing in Ohio, Kentucky or Indiana (or any other state for that matter).
3. If your Contract is in Writing, Make Sure you have a copy.
If you are suing based on a written contract, make sure you keep a copy of the contract. In Ohio, if you sue someone based on a written contract, you have to attach the written contract to the complaint. If you have already lost the contract, tell your lawyer. She might be able to find a workaround.
4. If you are going to sue for breach of contract, you have to sue before the Statute of Limitations Expires.
The statute of limitations for breach of contract is pretty long in every state. In most breach of contract cases in Ohio, you have ten years.
5. Document everything.
Usually, contracts do not need to be in writing, and you can sue someone for breach of contract even if the contract is just a verbal agreement. If you do have a written contract make sure you hold onto it. Also hold on to all the writings you have, including all emails and all letters. If you are thinking about suing someone for breach of contract, contact a lawyer soon rather than later, and tell the lawyer everything that could be relevant to your breach of contract case.
You might just be able to win the amount of money you are out because the other person breached the contract. However, in some cases, you can win more money than that.
6. If you are unsure whether you have a “good” breach of contract case, you can call me to discuss it at 888-434-2912.
How Much Money Can You Win if You Sue for Breach of Contract?
It depends. Often, you can win the amount of money you lost because the other person breached the contract. Let’s take the example discussed earlier. If you have an agreement with someone to buy your tv for $200, and that person takes the tv, gives you a check, and the check bounces, you can win $200.
If you have to sue your insurance carrier, things might be different. If the insurance carrier is supposed to pay for repairs for your car if you are in an accident and they don’t pay you, you might just be able to win the amount of the repairs. But, you might be able to win more. If the insurance carrier had “no reasonable justification” for denying your claim, you might be able to get “bad faith” damages from your insurance company – that is basically a fine they have to pay to you for breaching their contract with you in bad faith.
Conclusion about Breach of Contract
Usually, contracts do not need to be in writing, and you can sue someone for breach of contract even if the contract is just a verbal agreement. If you do have a written contract make sure you hold onto it. Also hold on to all the writings you have, including all emails and all letters. If you are thinking about suing someone for breach of contract, contact a lawyer soon rather than later, and tell the lawyer everything that could be relevant to your breach of contract case.
You might just be able to win the amount of money you are out because the other person breached the contract. However, in some cases, you can win more money than that.
