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. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be unrealistic to do so. The consequences for a breach of contract depend on the situation. One party might be required to pay the other for its loss, and it might sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Marion
In Marion, breaches of contract typically 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. Courts might be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Marion, North Carolina might 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract truly occurred; how and why the obligation went unfulfilled 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. Marion, North Carolina 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 Marion, North Carolina area may advise you about how best to proceed.