Any contract can be considered ‘breached’ when one party refuses to perform as stated in the contract. If this happens, you may be able to sue for breach of contract, including in the case of anticipatory breach of contract. Learn more about this subject in this article, and speak to our Ohio business law attorney at The Law Office of John C. Grundy for assistance with your breach of contract case.
What Is Anticipatory Breach Of Contract?
A contract may be breached or violated before performance is due, which is an anticipatory breach of contract. Anticipatory breach of contract is when one party clarifies that they will not perform their contractual obligations in the future. This declaration can be by word or action.
For example, the non-performing party might state that they will not deliver the products required in the contract. Or, they may not show up with the contractually-required goods or cease making payments. In this situation, it may be possible for you to sue the other party for breach of contract even if the time to perform is in the future.
Why Hire A Lawyer For Anticipatory Breach Of Contract?
You should retain an Ohio business law attorney to represent your interests in an anticipatory breach of contract case for several excellent reasons. Some common reasons are:
Save Time
Having a breach of contract attorney on your case can save a lot of time. The Ohio civil court system works slowly, and if you do not have a skilled attorney leading the way, the case could take many more months to resolve. In addition, most business owners have other things to occupy their time, such as selling products and services, so it is usually best to have an attorney resolve the situation for you as soon as possible.
Explain The Legal Complexities
There are often complex legal matters to unwind in an anticipatory breach of contract case. For instance, you must prove there was a valid contract and that you suffered damages because of the anticipatory breach. Then, you have to show that the breach was because of the other party’s inaction or action.
Or, if you are the defendant, you also need a contract lawyer to safeguard your rights and negotiate the best resolution. These complicated cases involve a lot of legal jargon and wrangling, so having your lawyer handle the negotiations is best.
Understand Your Options
In an anticipatory breach, the non-breaching person often has two options. First, they can wait until the other party is supposed to perform to see if they will change their mind. Or, you can immediately sue for damages. Your attorney is essential to explain these complex options to you.
Time Limits On Ohio Breach Of Contract Cases
You also should retain an attorney in these matters because of the limited time available. Ohio law states that ‘an action for breach of any contract for sale must be commenced within four years after the cause of action is accrued.
Call Our Ohio Business Law Attorney Now
If you face a question about anticipatory breach of contract, you should not deal with this complex matter without legal counsel. Contact our Ohio business law attorney at The Law Office of John C. Grundy today at (330) 637-9030.