An agreement offered by one party and accepted by another is a contract. Contracts commonly 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 might choose not to fulfill the bargain, and in some situations keeping with the agreement is simply impossible. The consequences for a breach of contract depend on the situation. One party may be required to pay the other for its loss, and it may sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Barnstable
Breaches of contract in Barnstable are usually 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 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 Barnstable, Massachusetts 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract actually occurred is considered by courts. How and why the contract duties went unmet are also factors in Massachusetts 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 Massachusetts law may impact your case when fulfilling a contract becomes impractical. Barnstable, Massachusetts 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 Barnstable, Massachusetts area have specialized in contract law.