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 Johnstown
In Johnstown, 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 Johnstown, 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?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of New York law in this area becomes important under these circumstances. Johnstown, New York You should consult an lawyer before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An lawyer specialized in contractual breach in the Johnstown, New York area may lend help in these situations.