Entering into contracts is what your business does in order to move forward and become a success. You may spend some time fostering these relationships, and things may go well for a time.
Then, someone fails to fulfill his or her end of the bargain. No matter what you try, the other party isn't willing to provide you with the goods or services you were to receive under the contract. Without those services or goods, your business will suffer harm.
Perhaps a non-monetary form of relief is what you need
Sometimes, money won't fix the problem. Fortunately, the law provides for these situations. One non-monetary form of relief you may receive from the court is "specific performance." This form of relief requires the other party to perform what he or she promised in the contract. Before a Kansas court will order the other party to fulfill its obligations to you, you will need to provide the court with certain information such as the following:
- Your contract with the other party must be equitable and fair.
- The goods or services must be unique.
- You cannot recover what you lost through reasonable efforts.
- Ordering specific performance constitutes the best relief possible under the circumstances.
However, the court will also determine whether such an order would put undue hardship on the other party, if it is enough to make up for your loss and if you acted improperly in some way. Moreover, your contract cannot be overly vague or unconscionable, which would make it unenforceable by the court.
Seeking the relief you need
In order to know whether this form of relief would work best in your situation, you may want to conduct a thorough review of the circumstances, your rights and your legal options. Business litigation can quickly become complex, and you may find yourself ill-equipped to pursue the compensation you deserve. Without the appropriate experience, it would be easy to miss a deadline, inappropriately draft a document or make some other mistake that would jeopardize the case.
When you entered into that contract, you had no idea you would end up in this position. With your business interests at stake, the last thing you want to do is jeopardize it further by not taking the appropriate action. Instead of attempting to file a lawsuit on your own, you would benefit greatly from consulting with an attorney.