An agreement offered by one party and accepted by another is a contract. Contracts typically take the form of written documents in Kentucky, but certain oral agreements can also be considered contracts. When a party does not fulfill its duties under a contract, the contract is said to be breached. Individuals and businesses may choose not to fulfill their contracts, but sometimes it might simply be unrealistic to do so. 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 Owensboro
A breach of contract in Owensboro 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. If this disagreement cannot be resolved, the matter may be taken to court. Courts usually require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
Sometimes a monetary award will not help, and in such cases courts in Owensboro, Kentucky may grant injunctions that require the party at fault to perform its obligations. You should consider whether this kind of remedy suits your situation, and if it does, the concern must be plead properly to the court so that it can consider the question. 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 Kentucky 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 Kentucky law, since it may impact your case in an unique way. Owensboro, Kentucky Since contractual disputes often turn on questions of timing, you should consult an attorney as soon as you suspect that a contract has been violated. Many attorneys in the Owensboro, Kentucky area have specialized in contract law.