What is Breach of Contract?
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Arkansas, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. What happens after a breach of contract depends on the situation. Normally, the party who breached the contract is liable for damages the breach caused, and bringing the matter to court is sometimes needed to resolve this issue.
What If Someone Fails to Honor Their End of the Contract in Pea Ridge
When one party breaches a contract in Pea Ridge, they will normally pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can't Fulfill a Contract?
If a monetary award will not resolve the issue, courts in Pea Ridge, Arkansas may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract really occurred. In Arkansas law, how and why the contract duties went unfulfilled are also factors.
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How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how Arkansas law may impact your case when fulfilling a contract becomes impossible. Pea Ridge, Arkansas 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 Pea Ridge, Arkansas area can advise you about how best to proceed.