When one party makes an offer and another accepts it, a contract is formed. Typically, 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 sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. The consequences for a breach of contract depend on the situation. One party may be required to pay the other for its loss, and it may sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Shelby
A breach of contract in Shelby usually 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. Courts may 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
If something other than a monetary award is needed, courts in Shelby, North Carolina are authorized to grant injunctions, ordering the party at fault do what it agreed. If you seek this kind of remedy, your concerns must be properly voiced to the court so that it may consider how to correct the situation. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract really occurred. In North Carolina law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
It is normally 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 may 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 may impact your case in an unique way. Shelby, North Carolina When contracts are violated, the affected parties should contact an attorney. Delicate questions of timing can often be conclusive in contract disputes. An attorney practicing in contract law in the Shelby, North Carolina area will know how to best proceed.