Ohio Limitation of Remedies and Damages Provisions

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Multi-State
Control #:
US-ND0903
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Word; 
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Description

This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

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FAQ

Section 2744.05 (B) of the Ohio Revised Code limits the rights of a person who has a claim against a municipal corporation to the amount of the loss sustained less the total of all insurance benefits the person is entitled to receive under all applicable insurance policies.

Punitive damages are special damages that are intended to punish the wrongdoer and prevent similar conduct in the future. Ohio caps the amount of punitive damages that a plaintiff can recover to twice the value of compensatory damages, up to a maximum of $350,000.

How long is a Promissory Note enforceable in Ohio? In Ohio, the statute of limitations for breach of contract actions (which includes violations of promissory note obligations) is eight years. This is 8 years from a breach of the obligation.

After charges are filed, Ohio law requires a prosecutor to begin a case within a specific period. Generally, felonies and misdemeanors have different periods: Six years for a felony (several exceptions) Two years for a misdemeanor that is not a minor misdemeanor.

Section 2305.10 | Bodily injury or injury to personal property. (A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues.

If you relied on someone to fulfill their end of a contract, and that person failed to carry out their end of the bargain, you may have a breach of contract claim. You have six years to bring your breach of contract claim for breach of a written contract. And you have only four years if the contract was not in writing.

Under the old statute, an oral contract claim could be brought at any time within six years of the act breaking the terms set out in the contract. The revised statute requires that claims involving oral contracts now be brought within four years from the time at which the claim accrues.

New Statute of Limitations for Breach of Contract in Ohio As of June 2021, the statute of limitations for breach in Ohio requires parties to assert claims for written contracts within six years after the cause of action accrues. Any claims after June 16, 2021, are subject to the new, six-year statute of limitations.

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Ohio Limitation of Remedies and Damages Provisions