When one party makes an offer and another accepts it, a contract is formed. 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 might 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 Herkimer
In Herkimer, 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
If money cannot redress the harm suffered, courts in Herkimer,New York may 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract really occurred; how and why the obligation went unfulfilled are also factors in New York law.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how New York law may impact your case when fulfilling a contract becomes impossible. Herkimer, 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 Herkimer, New York area can advise you about how best to proceed.