An agreement offered by one party and accepted by another is a contract. Contracts normally take the form of written documents in Missouri, but certain oral agreements can also be considered contracts. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to honor their bargain during the course of business, or it may be impossible to perform. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached might be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Cape Girardeau
In Cape Girardeau, breaches of contract normally entitle the party not in breach to recover a monetary damage award from the other party. The amount of this award is frequently a matter of dispute in court, however. If this disagreement cannot be resolved, the matter may be taken to court. Courts typically require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If money cannot redress the harm suffered, courts in Cape Girardeau,Missouri might grant injunctions, which are orders for the party at fault to do what it agreed. If your concerns seem to fit this remedy, you must voice the complaint to the court properly so that it can consider the issue. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract really occurred. In Missouri law, how and why the contract duties went unfulfilled are also factors.
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 Missouri law, since it might impact your case in an unique way. Cape Girardeau, Missouri When contracts are violated, the affected parties should contact an lawyer. Delicate questions of timing can often be conclusive in contract disputes. An lawyer practicing in contract law in the Cape Girardeau, Missouri area will know how to best proceed.