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 Ellisville
In Ellisville, 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. Courts might be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Ellisville, 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract actually occurred; how and why the obligation went unfulfilled are also factors in Missouri law.
How Can an Attorney Help?
It is usually 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. Ellisville, Missouri Disputes in contract law can involve complex questions of timing, and so you should consult an lawyer as soon as you suspect that a contract has been violated. Lawyers specializing in contractual breach in the Ellisville, Missouri area may advise you about how best to proceed.