Breach of contract

Sometimes, despite the fact that everything seemed to be taken care of, the other party is no longer able to fulfill the contract. This is called breach of contract. Our attorneys will be happy to provide you with solid advice about the legal actions you can take. Legal actions you can take are inter alia:

  • claim fulfillment of the contract;
  • suspension of your own (payment) obligations;
  • terminate the contract or have it terminated; and
  • claiming compensation. In most cases, a formal notice is required for the default to occur.

In three cases, there is no need for a letter of formal notice:

  1. if a a so-called fatal deadline is missed; or
  2. in the case of damage compensation; or
  3. if from something the other party told you follows that they will not honour the contract.

In some situations, however, you are not entitled to compensation even if the other party is in breach of contract. Situations in which you are not entitled to compensation are:

  • Force majeure situations; it is not the fault of the other party that they did not honour the contract;
  • Circumstances which were not or could not have been foreseen when the contract was concluded; and
  • Situations in which the for example the termination of the contract or compensation is not reasonable and fair.

Of course, there may also be other situations in which a contract no longer has to be respected. This is the case, for example, when one of the parties nullifies the contract or when the contract is void. Our specialised lawyers in contract law can provide you with solid legal advice with regard to void(able) contracts.

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