Liability of your contractual counterparty on the basis of breach of contract may lead to a claim or obligation to pay compensation for the damage you have suffered. JAW Advocaten handles contractual or legal liabilities and is happy to assist you. Through mediation, negotiation or litigation, a lawyer will do everything in his power to protect your rights under the agreement you have concluded.
Default in the performance of an agreement
JAW Advocaten handles all types of contractual or legal liability cases and is happy to assist you. Through mediation, negotiation or litigation, a lawyer will do everything in his power to protect your rights under the agreement you have concluded.
Liability of your contractual counterparty on the basis of breach of contract may lead to a claim or obligation to pay compensation for the damage you have suffered.
What is breach of contract?
In a legal sense, breach of contract arises when one or more parties have not, not timely or incorrectly complied with the agreements made arising from the agreement concluded between them. It is also necessary that this failure to properly comply with the concluded agreement can be attributed to the offending party or parties and that it did not arise, for example, due to a situation of force majeure. This depends on the nature of the legal relationship and also on the content of the agreement concluded between the parties. If there is a breach of contract in a legal sense, you can claim compliance with the agreement on the basis of the agreement concluded.
If the counterparty does not respond or still fails to fulfill the agreements made, you can give the contractual counterparty a final warning by sending them a notice of default, which you should preferably send in writing. You give your counterparty a final reasonable period of time to fulfill the contractual agreements made via the notice of default tool.
How does a breach of contract proceed?
Without action by your contractual counterparty, the default will take effect by operation of law, if the deadline specified in the notice of default sent by you is reached. If compliance with the agreement is completely impossible, the default will take effect immediately. You no longer need to send a notice of default.
The legal consequences of the established default are far-reaching and these are a number of options that can be claimed by the party claiming performance (the creditor):
- The creditor can claim execution in kind through the court
- The creditor can claim damages, on which statutory interest & amp; extrajudicial collection charges apply.
- The creditor may demand full or partial dissolution of the agreement.
- The creditors are entitled to invoke their obligations under the agreement.
- The creditor can exercise any pledge and mortgage rights established by him.
JAW Advocaten is happy to assist you in the event of a breach of contract. After an initial assessment of your situation, we will tell you what our assessment is of your chances in a possible procedure and whether you may be entitled to compensation. We also inform about the costs.
Therefore please direct contact with JAW Advocaten if you are confronted with breach of contract by your contracting partner. We quickly and expertly assess for you whether additional legal actions are feasible and necessary.