When one party makes an offer and another accepts it, a contract is formed. 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 might 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 Kingston
In Kingston, breaches of contract usually 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 may 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 money cannot redress the harm suffered, courts in Kingston,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. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract actually occurred, when and how the agreement was breached are also factors in New York contract law.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may 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. Kingston, 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 Kingston, New York area can advise you about how best to proceed.