A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Iowa, but it is not impossible to have an exclusively oral contract. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to honor their bargain during the course of business, or it may be impossible to perform. What happens after a breach of contract depends on the circumstances. The party that breached the contract might 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 Council Bluffs
In Council Bluffs, breaches of contract normally entitle the party not in breach to recover a monetary damage award from the other party. The amount of this award is frequently a matter of dispute in court, however. Courts might be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
If a money award will not help, courts in Council Bluffs, might also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. 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 Iowa law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed cautiously 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 Iowa law may impact your case when fulfilling a contract becomes impossible. Council Bluffs, Iowa Disputes in contract law can involve complex questions of timing, and so you should consult an lawyer as soon as you suspect that a contract has been violated. Lawyers specializing in contractual breach in the Council Bluffs, Iowa area may advise you about how best to proceed.