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 impractical 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 Schertz
A breach of contract in Schertz 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. 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 monetary award will not resolve the issue, courts in Schertz, Texas 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 Texas 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 Texas law may impact your case when fulfilling a contract becomes impractical. Schertz, Texas If you believe a contract has been or may be violated, you should consult with an lawyer before proceeding. Contracts disputes almost always involve delicate issues of timing. A Schertz, lawyer specializing in contractual breach may lend help when things go wrong.