When one party makes an offer and another accepts it, a contract is formed. 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 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. 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 Erwin
A breach of contract in Erwin 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. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can
If a money award will not help, courts in Erwin, 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. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract truly occurred. In North Carolina 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 carefully 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 North Carolina law may impact your case when fulfilling a contract becomes unrealistic. Erwin, North Carolina You should consult an attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An attorney specialized in contractual breach in the Erwin, North Carolina area can lend help in these situations.