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 may 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 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 Southborough
A breach of contract in Southborough 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. Disagreements might be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will generally require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Southborough, 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. A breach of contract does not necessarily mean that someone did something wrong. Courts consider more then the question of whether a breach of contract actually occurred, but also Massachusetts law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
It is usually 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. Southborough, 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 Southborough, Massachusetts area have specialized in contract law.