An agreement offered by one party and accepted by another is a contract. Contracts commonly 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 impractical 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 Somerset
A breach of contract in Somerset 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. 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
Sometimes a monetary award will not help, and in such cases courts in Somerset, 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. 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 actually occurred, when and how the agreement was breached are also factors in Kentucky contract law.
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 Kentucky law may impact your case when fulfilling a contract becomes impractical. Somerset, 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 Somerset, Kentucky area have specialized in contract law.