A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Utah, but it is not impossible to have an entirely oral 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 are determined by the circumstances. Often, the party at fault will pay the other for the loss caused by the breach.
What If Someone Fails to Honor Their End of the Contract in Ogden
A breach of contract in Ogden 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 Ogden, Utah 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 Utah 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 Utah law, since it may impact your case in an unique way. Ogden, Utah 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 Ogden, Utah area can advise you about how best to proceed.