A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in West Virginia, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. 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 Charleston
A breach of contract in Charleston 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. If this disagreement cannot be resolved, the matter may be taken to court. Courts typically require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If a monetary award will not resolve the issue, courts in Charleston, West Virginia 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract really occurred is considered by courts. How and why the contract duties went unmet are also factors in West Virginia 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 West Virginia law may impact your case when fulfilling a contract becomes impossible. Charleston, West Virginia 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 Charleston, attorney specializing in contractual breach can lend help when things go wrong.