An agreement offered by one party and accepted by another is a contract. Contracts typically 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 unrealistic 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 Columbia
In Columbia, breaches of contract typically 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 usually 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 Columbia, 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract truly occurred is considered by courts. How and why the contract duties went unmet are also factors in Missouri law.
How Can an Attorney Help?
It is typically 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 may 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 may impact your case in an unique way. Columbia, Missouri When contracts are violated, the affected parties should contact an attorney. Delicate questions of timing can often be conclusive in contract disputes. An attorney practicing in contract law in the Columbia, Missouri area will know how to best proceed.