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 Dutchess County
Breaches of contract in Dutchess County are typically handled by the party who breached paying the other party monetary damages. The exact amount of damage awards, however, is often a matter of disagreement. If this disagreement cannot be resolved, the matter may be taken to court. Courts usually require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If something other than a monetary award is needed, courts in Dutchess County, 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract truly occurred; how and why the obligation went unfulfilled are also factors in New York law.
How Can an Attorney Help?
When violation of a contract duty is unavoidable, the affected party must make its intention known to the other party in the proper way. Statements of intent to violate a contract may be taken as wrong doing in certain contexts. New York law may impact your case when keeping a contract becomes unrealistic. Dutchess County, New York If you believe a contract has been or may be violated, you should consult with an attorney before proceeding. Contracts disputes almost always involve delicate issues of timing. A Dutchess County, attorney specializing in contractual breach can lend help when things go wrong.