When one party makes an offer and another accepts it, a contract is formed. Generally, contracts will be written documents in North Carolina, 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. Usually, 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 Asheville
In Asheville, 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. Disagreements not resolved privately may be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a money award will not help, courts in Asheville, may also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. A breach of contract does not necessarily mean that someone did something wrong. Courts consider more then the question of whether a breach of contract actually occurred, but also North Carolina 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 impossible, it is important to be aware of the unique ways that North Carolina law may impact your case. Asheville, North Carolina 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 Asheville, North Carolina area can advise you about how best to proceed.