10/11/2023 0 Comments Define breach in lawThe above conditions are cumulative and need to be proved by the breaching party, i.e. The breaching party holds no accountability pursuant to the law, legal act or general accepted practice.The breaching party is not at fault, and.In order to qualify for this provision, the breaching party needs to prove the following: Under the Dutch Civil Code (DCC) article 6:75, force majeure is defined as being as any form of contract breach that is not attributable to the breaching party in the event that there is no fault, or accountability pursuant to law, legal act or generally accepted practice. In the event that a situation is judged to be force majeure, this party can invoke the relevant clause in the contract or its statutory right under the Dutch Civil Code. These exemptions are further explained below.įorce majeure is a situation where one of the contracting parties is unable to perform its obligations under the contract due to circumstances outside of its control. However, certain exceptions are regulated in the DCC to cover cases that are often not addressed in the terms of commercial agreements. In principle, when a party does not perform its obligations under a contract, this constitutes a breach of the contract, and if this breach results in damages for the non-breaching party, then the breaching party will need to pay damages to the non-breaching party. What are your rights if you have entered into an agreement and your company can no longer perform the obligations under the contract, through no fault of your company?
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