When one party makes an offer and another accepts it, a contract is formed. Generally, 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 impossible. What happens after a breach of contract depends on the situation. Usually, 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 Cold Spring Harbor
When one party breaches a contract in Cold Spring Harbor, they will usually pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can
Sometimes a monetary award will not help, and in such cases courts in Cold Spring Harbor, New York may 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract actually occurred; how and why the obligation went unfulfilled are also factors in New York law.
How Can an Attorney Help?
It is usually 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 may 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 may impact your case in an unique way. Cold Spring Harbor, New York 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 Cold Spring Harbor, New York area can advise you about how best to proceed.