Have you suffered damage and/or a loss? Does your contract partner fail to keep to the agreements he has made? 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 as a 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, one of your major concerns will be to ensure 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 when 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 would be pleased to assist you when you have suffered damage and/or a loss. The general rule is that the damage or the loss must 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 areas 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 that 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 should a notice of default say?
A notice of default is the final 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 need to be kept and what you expect from the debtor.
- Setting time limits: a reasonable period of time allowed for 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.
/ Team Liability