When one party makes an offer and another accepts it, a contract is created. 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 may 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 Johnson City
In Johnson City, breaches of contract typically 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. Disagreements not resolved privately might be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a money award will not help, courts in Johnson City, might also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. A breach of contract does not always mean that someone did something wrong. Courts consider more then the question of whether a breach of contract truly 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 unrealistic, it is important to be aware of the unique ways that New York law may impact your case. Johnson City, 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 Johnson City, New York area may advise you about how best to proceed.