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 impossible 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 Smithfield
A breach of contract in Smithfield 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 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 Smithfield, Utah 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. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract really occurred, when and how the agreement was breached are also factors in Utah contract law.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully 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 Utah law may impact your case when fulfilling a contract becomes impossible. Smithfield, Utah You should consult an Attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An Attorney specialized in contractual breach in the Smithfield, Utah area can lend help in these situations.