An agreement offered by one party and accepted by another is a contract. Contracts commonly 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 impractical 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 Clay County
In Clay County, breaches of contract usually 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. 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 Clay County, Missouri 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. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract actually occurred, when and how the agreement was breached are also factors in Missouri contract law.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impossible, it is important to be aware of the unique ways that Missouri law may impact your case. Clay County, Missouri 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 Clay County, Missouri area have specialized in contract law.