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 exclusively oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally 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 decided 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 Elkins
A breach of contract in Elkins 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. Disagreements might be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will typically require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If a money award will not help, courts in Elkins, 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 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 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 West Virginia law may impact your case when fulfilling a contract becomes impossible. Elkins, West Virginia 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. An Elkins, lawyer specializing in contractual breach may lend help when things go wrong.