A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Illinois, but it is not impossible to have an entirely oral contract. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to honor their bargain during the course of business, or it might be unrealistic to perform. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Elgin
In Elgin, breaches of contract typically 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. Disagreements may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will usually require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If money cannot redress the harm suffered, courts in Elgin,Illinois may grant injunctions, which are orders for the party at fault to do what it agreed. If your concerns seem to fit this remedy, you must voice the complaint to the court properly so that it can consider the issue. A breach of contract does not always mean that someone did something wrong. Courts consider more then the question of whether a breach of contract truly occurred, but also Illinois law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
It is typically best for a party intending to violate an agreement to make its intention known to the other party, but extreme care must be used. Otherwise, communications may be taken as admissions of wrong doing. When a party finds itself unable to complete a contract, it is important to be aware of local Illinois law, since it may impact your case in an unique way. Elgin, Illinois 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 Elgin, Illinois area can advise you about how best to proceed.