When one party makes an offer and another accepts it, a contract is formed. Typically, contracts will be written documents in New York, but oral agreements of certain types can be the basis of a contract. When a party to a contract fails to fulfill its duties under the contract, it is called a breach of contract. Parties to a contract might choose not to fulfill the bargain, and in some situations keeping with the agreement is simply impractical. What happens after a breach of contract depends on the circumstances. The party that breached the contract may be ordered to pay for the other's loss, and this sometimes makes it necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Buffalo
A breach of contract in Buffalo can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. Disagreements not resolved privately may be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If something other than a monetary award is needed, courts in Buffalo, New York are authorized to grant injunctions, ordering the party at fault do what it agreed. If you seek this kind of remedy, your concerns must be properly voiced to the court so that it may consider how to correct the situation. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract really occurred, when and how the agreement was breached are also factors in New York contract law.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may be taken as wrong doing. When fulfilling a contract becomes impractical, it is important to be aware of the unique ways that New York law may impact your case. Buffalo, New York Disputes in contract law can involve complex questions of timing, and so you should consult an Attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Buffalo, New York area can advise you about how best to proceed.
Another lawyer said my case would take weeks of work and require thousands of dollars of research. Howard pointed to a very fundamental clause in the contract, wrote a letter to termite the contract and dealt with all responses from the opposing parties attorney. Very cut and dry for a fraction of the fees. Highly recommended.
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Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
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