When one party makes an offer and another accepts it, a contract is created. Generally, contracts will be written documents in New York, but oral agreements of certain types can be the basis of a contract. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to honor their bargain during the course of business, or it may be impractical to perform. The consequences for a breach of contract depend on the situation. One party might be required to pay the other for its loss, and it might sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in Mount Kisco
Breaches of contract in Mount Kisco are usually handled by the party who breached paying the other party monetary damages. The exact amount of damage awards, however, is often a matter of disagreement. Courts might be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Mount Kisco, 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 do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract actually 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 cautiously 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 impractical. Mount Kisco, 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 Mount Kisco, New York area may advise you about how best to proceed.