When one party makes an offer and another accepts it, a contract is formed. Usually, 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 might choose not to fulfill the bargain, and in some situations keeping with the agreement is simply unrealistic. 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 Canton
When one party breaches a contract in Canton, they will typically pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Disagreements may 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
If something other than a monetary award is needed, courts in Canton, 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 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 truly occurred. In New York law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
A party must proceed carefully in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract may be taken as wrong doing if care is not used. Awareness of New York law in this area becomes important under these circumstances. Canton, New York 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 Canton, New York area will know how to best proceed.