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 Pearl River
In Pearl River, 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. 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
If a monetary award will not resolve the issue, courts in Pearl River, New York might choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract actually occurred. In New York law, how and why the contract duties went unfulfilled are also factors.
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. Pearl River, 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 Pearl River, New York area may advise you about how best to proceed.