When one party makes an offer and another accepts it, a contract is formed. Usually, 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 unrealistic 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 Schenectady
A breach of contract in Schenectady normally 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 may 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 Schenectady, New York may 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 always mean that someone did something wrong. Courts consider more then the question of whether a breach of contract truly occurred, but also New York law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
When violation of a contract duty is unavoidable, the affected party must make its intention known to the other party in the proper way. Statements of intent to violate a contract may be taken as wrong doing in certain contexts. New York law may impact your case when keeping a contract becomes unrealistic. Schenectady, 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 Schenectady, attorney specializing in contractual breach can lend help when things go wrong.