When one party makes an offer and another accepts it, a contract is formed. Generally, contracts will be written documents in North Dakota, 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 impossible to do so. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Valley City
In Valley City, 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 may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will generally require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If a money award will not help, courts in Valley City, 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract actually occurred is considered by courts. How and why the contract duties went unmet are also factors in North Dakota law.
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 Dakota law may impact your case. Valley City, North Dakota Since contractual disputes often turn on questions of timing, you should consult an attorney as soon as you suspect that a contract has been violated. Many attorneys in the Valley City, North Dakota area have specialized in contract law.