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 Winchester
A breach of contract in Winchester 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 not resolved privately may be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a money award will not help, courts in Winchester, may also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. 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?
When violation of a contract duty is unavoidable, the affected party must make its intention known to the other party in the proper way. Statements of intent to violate a contract may be taken as wrong doing in certain contexts. Massachusetts law may impact your case when keeping a contract becomes impossible. Winchester, Massachusetts Disputes in contract law can involve complex questions of timing, and so you should consult an attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Winchester, Massachusetts area can advise you about how best to proceed.