What Are The Grounds For Challenging A Legitimate Contract In Ohio?
For a contract to be legally enforceable, it generally needs to satisfy a number of requirements. These include: Offer and acceptance, consideration, legal capacity, and a lawful purpose. Such elements ensure that both parties to the contract willingly entered into a fair arrangement. To challenge a contract, you must establish the grounds on which the contract will be challenged. Potential grounds include:
- Breach of contract – Occurs when one party fails to fulfill their duties as outlined under the contract.
- Lack of a genuine agreement – You can challenge a contract on the grounds that there was a lack of a genuine agreement.
- Mistake – If a mistake is made by either party when drafting the contract’s subject matter or terms, these can be grounds for a challenge.
- Misrepresentation – If one party made false or misleading statements concerning the contract to encourage the other party to sign it, it can be considered grounds to cancel the contract.
- Duress – If one party was forced to sign the contract under a threat or coercion, the contract can be challenged.
- Undue influence – If one party uses its position of power to unfairly influence the other’s decision to enter into the contract, the contract can be challenged.
- Fraud – If intentional deception is used to induce one party to sign the contract, the contract would not be legally enforceable.
- Lack of capacity – An individual must have the legal capacity to enter a contract. If they are under the age of 18 or lack the mental competence to enter into the contract, the agreement can be voided.
- Unconscionability – Occurs when a contract is so one-sided or unfair that it “shocks the conscience” of the court, it might be considered unenforceable.
- Illegality – Contracts cannot contain provisions that are illegal. If they do, the contract is void.
What’s required of a contract to be enforceable?
A legally enforceable contract needs to satisfy several key elements. These include:
- Offer and acceptance
- Consideration
- Legal capacity
- Lawful purpose
These elements make certain that both parties willingly entered the contract and that there was no fraud, duress, or coercion.
- Offer and acceptance – One party is required to make a specific offer. The other party must accept it. This establishes a “meeting of the minds” or mutual agreement.
- Consideration – Both parties are required to exchange something of value, including money, goods, services, or a promise of some kind.
- Legal capacity – The parties to a contract must have the legal ability to enter the contract. This means that they are over the age of 18, of sound mind, and not under any form of duress.
- Lawful purpose – The contract’s subject matter cannot be against public policy. It cannot contain illegal provisions.
Talk to a Columbus, OH, Breach of Contract Attorney Today
Kohl & Cook Law Firm, LLC, handles contract disputes between individuals and companies. Call our Columbus breach of contract lawyers today to schedule an appointment, and we can begin discussing your dispute right away.
