Once negotiations have been concluded and the contract is agreed, both parties are obliged to comply with the agreements made within it. However, if the other party fails to comply with the agreements made which has resulted in your company suffering damage, you can hold that party liable. This is also called contractual liability. Our international lawyers can ensure you are legally liable and therefore claim compensation, so that you still get what you are entitled to.
Examples of posing liability
You can hold the other party liable in the following situations, provided you can of course prove that you have actually suffered damage:
- Poor work performed by the contractor
- The wrong goods have been delivered or have not been delivered at all
- Your tenant has damaged a business premises
- The buyer cancelled the purchase too late
Legal requirements for claiming compensation
For the liability of your foreign customer or supplier it is important that the correct legal steps are followed. The legislation in this area is different in every country. The steps you need to follow therefore depend on which law applies to your agreement. If you do not do this, you will miss the compensation. Equally, if you begin proceedings in the wrong country you can lose valuable time and still miss out on claiming compensation.
In most countries it is customary that you first send a notice of default to the other party. In the Netherlands, for example, you are usually obliged to first send a notice of default that must comply with specific legal requirements. In this you give the other party a reasonable opportunity to still comply with the agreements within the contract before you take legal action. Without a valid notice of default, the Dutch judge will not always grant you compensation.
In the Czech Republic, this notice of default is actually important for recovering litigation costs from the other party. Under Czech law, you must first give the other party the opportunity to come to a solution before you start an (expensive) legal procedure that also costs the other party. If you win the case but did you not send a notice of default, then you cannot recover the litigation costs from the other party.
Advice from an international specialist
Our international specialists in the area of
• Legal advice on contractual liability
• Claiming compensation
• Defend your organisation against a claim
• Drafting an (international) notice of default
• Advice on rescinding an agreement
With more than 65 years of experience and a team of international business lawyers, we understand the commercial interests of your organisation. We assist your company if you have suffered damage because the other party has not fulfilled their contractual agreements. Of course, we always strive for a solution that does not require going to court, but if necessary we can also assist you during a legal procedure.
Do you have questions about the liability of another party? Or did you suffer damage, and do you now want to claim compensation? Contact us today. Our specialised international lawyers ensure that you still get what you are entitled to.