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 sometimes choose not to honor their bargain during the course of business, or it might be impossible to perform. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may 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 Clayton
In Clayton, 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. Disagreements may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will typically require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
Sometimes a monetary award will not help, and in such cases courts in Clayton, Missouri may 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 really 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 carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may be taken as wrong doing. When fulfilling a contract becomes impractical, it is important to be aware of the unique ways that Missouri law may impact your case. Clayton, Missouri 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 Clayton, Missouri area can advise you about how best to proceed.