Have you suffered damage and/or a loss? Does your contract partner fail to keep the agreements made by him? Have you yourself been held liable for, for instance, a mistake, for a child, or for a service or product? Are you of the opinion that the Netherlands State has failed to fulfil its duty of care with respect to you?
What can our liability lawyers do for you?
Every person and every entrepreneur is exposed to risks and can be held liable for specific damage and/or loss or for mistakes made. We can assist you with limitation of risks by providing you with advice on choosing the most suitable legal form, your general terms and conditions, the agreements to be drawn up or taking out insurance against certain risks.
As an entrepreneur some of your major concerns are that your rights are formulated clearly and that you are aware of your obligations. A contract is often the only thing to hold on to at the time a discussion arises with your contract partner. We provide for such a strong footing, so that running a business cannot lead to unwanted liabilities.
And we will be pleased to assist you when you have suffered damage and/or a loss. The general rule is that the damage or the loss is to be borne where it is suffered, but in actual practice damage or loss can often be recovered.
Our lawyers advise and conduct legal proceedings in the area of:
Liability of companies
Assessment of contracts
Directors’ and officers’ liability
Breach of contract or unlawful act
If you have suffered damage and/or a loss, we will assess whether such damage and/or loss can be recovered from another party, for instance, by reason of breach of contract (if an agreement has been concluded between the parties) or by reason of an unlawful act. In case of breach of contract, it is important that you draw up a legally valid notice of default.
What does it say in a notice of default?
A notice of default is the last opportunity provided by you to the other party to fulfil its obligations. A notice of default must meet three requirements:
- Demand: demand the debtor to comply with a specified obligation. Define in the notice of default clearly which agreements still have to be kept and what you expect from the debtor.
- Setting of time limits: a reasonable period of time allowed to the debtor to perform.
- Notice of liability: in case of failure to comply within the stipulated time limit, the debtor must be held liable for the delay.