When one party makes an offer and another accepts it, a contract is created. Usually, contracts will be written documents in New Hampshire, 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. 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 Durham
In Durham, 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. Disagreements might be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will usually require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Durham, New Hampshire 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. A breach of contract does not always mean that someone did something wrong. Courts consider more then the question of whether a breach of contract truly occurred, but also New Hampshire law looks to how and why the obligation went unfulfilled.
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 New Hampshire law, since it might impact your case in an unique way. Durham, New Hampshire Since contractual disputes often turn on questions of timing, you should consult an lawyer as soon as you suspect that a contract has been violated. Many lawyers in the Durham, New Hampshire area have specialized in contract law.