When one party makes an offer and another accepts it, a contract is created. Typically, contracts will be written documents in New York, 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 may choose not to fulfill the bargain, and in some situations keeping with the agreement is simply impractical. What happens after a breach of contract depends on the situation. Normally, 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 Canandaigua
When one party breaches a contract in Canandaigua, they will normally pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Disagreements might be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will typically require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If something other than a monetary award is needed, courts in Canandaigua, New York 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 might 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 New York 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 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 York law, since it might impact your case in an unique way. Canandaigua, New York 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 Canandaigua, New York area may advise you about how best to proceed.