An agreement offered by one party and accepted by another is a contract. Contracts commonly take the form of written documents in Maine, 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. What happens after a breach of contract depends on the situation. Usually, the party who breached the contract is liable for damages the breach caused, and bringing the matter to court is sometimes needed to resolve this issue.
What If Someone Fails to Honor Their End of the Contract in Kennebunk
When one party breaches a contract in Kennebunk, they will usually pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. 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
If something other than a monetary award is needed, courts in Kennebunk, Maine are authorized to grant injunctions, ordering the party at fault do what it agreed. If you seek this kind of remedy, your concerns must be properly voiced to the court so that it might consider how to correct the situation. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract actually occurred. In Maine law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of Maine law in this area becomes important under these circumstances. Kennebunk, Maine If you believe a contract has been or may be violated, you should consult with an lawyer before proceeding. Contracts disputes almost always involve delicate issues of timing. A Kennebunk, lawyer specializing in contractual breach may lend help when things go wrong.