When one party makes an offer and another accepts it, a contract is formed. Usually, contracts will be written documents in New Jersey, but oral agreements of certain types can be the basis of a contract. When a party to a contract fails to fulfill its duties under the contract, it is called a breach of contract. Parties to a contract might choose not to fulfill the bargain, and in some situations keeping with the agreement is simply unrealistic. 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 New Brunswick
In New Brunswick, 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 not resolved privately may be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a monetary award will not resolve the issue, courts in New Brunswick, New Jersey may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract truly occurred, when and how the agreement was breached are also factors in New Jersey contract law.
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 New Jersey law may impact your case when fulfilling a contract becomes unrealistic. New Brunswick, New Jersey Disputes in contract law can involve complex questions of timing, and so you should consult an attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the New Brunswick, New Jersey area can advise you about how best to proceed.