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 Martinsburg
A breach of contract in Martinsburg can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. 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
Occassionally a monetary award will not help, and in such cases courts in Martinsburg, West Virginia might grant injunctions that require the party at fault to perform its obligations. You should consider whether this kind of remedy suits your situation, and if it does, the concern must be plead properly to the court so that it can consider the question. A breach of contract does not generally mean that someone did something wrong. Courts consider more then the question of whether a breach of contract really occurred, but also West Virginia law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impractical, it is important to be aware of the unique ways that West Virginia law may impact your case. Martinsburg, 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. A Martinsburg, lawyer specializing in contractual breach may lend help when things go wrong.