When one party makes an offer and another accepts it, a contract is formed. Typically, contracts will be written documents in Montana, 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 may choose not to live up to its bargain, and in some situations it might even be impossible to do so. What happens after a breach of contract depends on the situation. Normally, the party who breached the contract is liable for damages the breach caused, and bringing the matter to court is sometimes needed to resolve this issue.
What If Someone Fails to Honor Their End of the Contract in Whitefish
In Whitefish, 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 Whitefish, Montana 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. A breach of contract does not generally mean that someone did something wrong. Courts consider more then the question of whether a breach of contract really occurred, but also Montana law looks to how and why the obligation went unfulfilled.
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 Montana law may impact your case. Whitefish, Montana 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 Whitefish, Montana area can advise you about how best to proceed.