When one party makes an offer and another accepts it, a contract is created. 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 occasionally choose not to honor their bargain during the course of business, or it may be impossible 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 Scarsdale
A breach of contract in Scarsdale usually 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. 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 Scarsdale, 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. 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?
It is normally 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 might 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 might impact your case in an unique way. Scarsdale, New York Since contractual disputes often turn on questions of timing, you should consult an lawyer as soon as you suspect that a contract has been violated. Many lawyers in the Scarsdale, New York area have specialized in contract law.