When one party makes an offer and another accepts it, a contract is created. Typically, contracts will be written documents in Missouri, but oral agreements of certain types can be the basis of a contract. Breach of Contract is when a contract is not fulfilled by one or more parties. In the course of business, a party might choose not to live up to its bargain, and in some situations it may even be impossible to do so. What happens after a breach of contract depends on the circumstances. The party that breached the contract might be ordered to pay for the other's loss, and this sometimes makes it necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Kearney
A breach of contract in Kearney usually entitles the party who fulfilled its end to recover monetary damages from the party that did not. The exact amount of these damage awards, however, is usually a subject of contention in court. 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 a monetary award will not resolve the issue, courts in Kearney, Missouri might choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. 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?
If intending to breach a contract, a party must proceed cautiously in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how Missouri law may impact your case when fulfilling a contract becomes impossible. Kearney, 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 Kearney, Missouri area may advise you about how best to proceed.