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. 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 impractical 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 Port Washington
A breach of contract in Port Washington typically entitles the party who fulfilled its end to recover monetary damages from the party that did not. The exact amount of these damage awards, however, is usually a subject of contention in court. Disagreements may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will generally require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If something other than a monetary award is needed, courts in Port Washington, New York are authorized to grant injunctions, ordering the party at fault do what it agreed. If you seek this kind of remedy, your concerns must be properly voiced to the court so that it may consider how to correct the situation. 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?
It is usually best for a party intending to violate an agreement to make its intention known to the other party, but extreme care must be used. Otherwise, communications may be taken as admissions of wrong doing. When a party finds itself unable to complete a contract, it is important to be aware of local New York law, since it may impact your case in an unique way. Port Washington, 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 Port Washington, New York area can advise you about how best to proceed.