When one party makes an offer and another accepts it, a contract is created. Usually, 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 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 situation. Typically, 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 Burgaw
A breach of contract in Burgaw normally 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 usually 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 Burgaw, North Carolina 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. 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 North Carolina 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 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 North Carolina law, since it might impact your case in an unique way. Burgaw, North Carolina When contracts are violated, the affected parties should contact an lawyer. Delicate questions of timing can often be conclusive in contract disputes. An lawyer practicing in contract law in the Burgaw, North Carolina area will know how to best proceed.