An agreement offered by one party and accepted by another is a contract. Contracts normally take the form of written documents in Massachusetts, but certain oral agreements can also be considered contracts. When a party to a contract fails to fulfill its duties under the contract, it is called a breach of contract. Parties to a contract may choose not to fulfill the bargain, and in some situations keeping with the agreement is simply impractical. The consequences for a breach of contract depend on the situation. One party might be required to pay the other for its loss, and it might sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Auburn
Breaches of contract in Auburn are normally handled by the party who breached paying the other party monetary damages. The exact amount of damage awards, however, is often a matter of disagreement. The matter might be taken to court if disagreements of this type 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
Occassionally a monetary award will not help, and in such cases courts in Auburn, Massachusetts might 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract really occurred is considered by courts. How and why the contract duties went unmet are also factors in Massachusetts law.
How Can an Attorney Help?
It is normally 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 might 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 Massachusetts law, since it might impact your case in an unique way. Auburn, Massachusetts Since contractual disputes often turn on questions of timing, you should consult an lawyer as soon as you suspect that a contract has been violated. Many lawyers in the Auburn, Massachusetts area have specialized in contract law.