When one party makes an offer and another accepts it, a contract is created. 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 may 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 Elmsford
Breaches of contract in Elmsford are usually 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 generally require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If money cannot redress the harm suffered, courts in Elmsford,New York might grant injunctions, which are orders for the party at fault to do what it agreed. If your concerns seem to fit this remedy, you must voice the complaint to the court properly so that it can consider the issue. A breach of contract does not necessarily mean that someone did something wrong. Courts consider more then the question of whether a breach of contract actually occurred, but also New York law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impossible, it is important to be aware of the unique ways that New York law may impact your case. Elmsford, 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 Elmsford, New York area may advise you about how best to proceed.