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ARTICLE · 13 MAY 2025

Avoiding Top 5 Contract Lawsuits Small Businesses Face

McCarthy, Lebit, Crystal & Liffman
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Ohio courts recognize that individuals have the fundamental right to make contracts with the expectation that the terms of the agreement will be honored and enforced.

United StatesLitigation, Mediation & Arbitration
David M. Cuppage
David M. Cuppage

Ohio courts recognize that individuals have the fundamental right to make contracts with the expectation that the terms of the agreement will be honored and enforced. This means that parties may include contractual terms as they see fit, including terms that may go against the common law, so long as both sides agree. However, parties cannot enter into a contract that's illegal or against what's considered good for the public.

What is a Contract?

A contract is generally defined as a promise, or a set of promises, actionable upon breach. The essential elements of a contract include an offer, acceptance, contractual capacity, consideration (the bargained-for legal benefit and/or detriment), a manifestation of mutual assent, and legality of object and of consideration.

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