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 impossible to do so. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached might be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in South Charleston
When one party breaches a contract in South Charleston, they will usually pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Courts might 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 South Charleston, West Virginia might 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. A breach of contract does not necessarily mean that someone did something wrong. Courts consider more then the question of whether a breach of contract actually occurred, but also West Virginia law looks to how and why the obligation went unfulfilled.
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 might 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 West Virginia law, since it might impact your case in an unique way. South Charleston, West Virginia Disputes in contract law can involve complex questions of timing, and so you should consult an lawyer as soon as you suspect that a contract has been violated. Lawyers specializing in contractual breach in the South Charleston, West Virginia area may advise you about how best to proceed.