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 Hawthorne
In Hawthorne, breaches of contract normally entitle the party not in breach to recover a monetary damage award from the other party. The amount of this award is frequently a matter of dispute in court, however. If this disagreement cannot be resolved, the matter may be taken to court. Courts typically require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Hawthorne, New York might 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 sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract really occurred is considered by courts. How and why the contract duties went unmet are also factors in New York law.
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 impractical, it is important to be aware of the unique ways that New York law may impact your case. Hawthorne, New York If you believe a contract has been or may be violated, you should consult with an lawyer before proceeding. Contracts disputes almost always involve delicate issues of timing. A Hawthorne, lawyer specializing in contractual breach may lend help when things go wrong.