A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Texas, but it is not impossible to have an exclusively oral 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 unrealistic to perform. What happens after a breach of contract depends on the circumstances. The party that breached the contract might be ordered to pay for the other's loss, and this sometimes makes it necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in San Marcos
A breach of contract in San Marcos 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. The matter might be taken to court if disagreements of this type are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can
If a money award will not help, courts in San Marcos, might also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract truly occurred; how and why the obligation went unfulfilled are also factors in Texas law.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of Texas law in this area becomes important under these circumstances. San Marcos, Texas When contracts are violated, the affected parties should contact an lawyer. Delicate questions of timing can often be conclusive in contract disputes. An lawyer practicing in contract law in the San Marcos, Texas area will know how to best proceed.