Dishonor

What Is Dishonor?

Dishonor, in the business world, is the action of refusing to fulfill contractual obligations or pay a charge. Dishonoring a transaction can occur if a seller does not deliver the goods that were promised, or when the buyer does not provide payment for goods received.

In contracts, a party may dishonor the agreement by altering the specifications, delivering late payment or goods, or failing to act on their required duties. When a party has broken an agreement or promise, they are said to be dishonored. Dishonoring a contractual obligation can be a breach of contract.

Understanding Dishonor

A notice of dishonor is a notice given by the holder of a payment instrument to the endorser or drawer, notifying them that the payment has been dishonored, or refused. For example, a check that is returned unpaid because there are insufficient funds for payment in the account on which it is drawn may be accompanied by a notice of dishonor, informing the drawer that the payment has been dishonored.

A notice of dishonor must identify the bill, note, or instrument being dishonored and give notice to all required parties within a reasonable period of time.

Consequences of Dishonored Payments and Contracts

In most cases, dishonoring a contract may result in the other party terminating its obligations. For example, let's say you have a contract in which you agreed to pay a monthly fee for telephone service. If you were unhappy with the service and decided to protest by refusing to pay the fee, you would be dishonoring the contract. As a result, the phone company will likely cut off your service, thus terminating your contract, until you produce the payment.

A fee or penalty might be imposed for dishonoring a contract or providing as payment a negotiable instrument that cannot be honored. If, in the above example, you eventually produced payment for your telephone service, the company would reserve the right to charge an additional fee in order to reinstate your contract, because you dishonored it.

In some cases, dishonoring a contract may also leave you liable to pay any funds still owed according to the terms of the contract.

When a negotiable instrument is dishonored, such as in the case of a returned or bounced check, this, too, may incur a fee from the bank or institution on which the instrument is drawn. Most banks charge a fee for paying a check drawn on an account with insufficient funds or for overdrawing an account.