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. If a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to honor their bargain during the course of business, or it might be impossible to perform. The consequences for a breach of contract depend on the situation. One party may be required to pay the other for its loss, and it may sometimes be necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in New York
In New York, 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. Disagreements may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will typically require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
Sometimes a monetary award will not help, and in such cases courts in New York, New York may 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. A breach of contract does not generally mean that someone did something wrong. Courts consider more then the question of whether a breach of contract really 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 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 impractical, it is important to be aware of the unique ways that New York law may impact your case. New York, New York If you believe a contract has been or may be violated, you should consult with an Attorney before proceeding. Contracts disputes almost always involve delicate issues of timing. A New York, Attorney specializing in contractual breach can lend help when things go wrong.
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Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
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