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What is a breach of contract or a shortcoming in the fulfilment of an obligation?
A shortcoming in the fulfilment of an obligation is called a breach of contract. A commitment is concluded between two parties. If one of the parties does not comply with the agreements or correctly fulfils them, there is a breach of contract. The following are several examples, where a breach of contract is provided by one of the parties:

  • The baker has an agreement with neighbor Klaas, to deliver 5 cakes on his birthday. Klaas already paid €150,- for the 5 cakes two weeks ago. Only the baker delivers only two cakes on Klaas' birthday.
  • The painter painted the entire exterior of Jaap's house. Jaap never pays his bills.
  • At a furniture store Anita buys a red leather corner sofa. A week later, the furniture store delivers a blue leather corner sofa to Anita. Anita did not order this blue color.
  • Eveline reserves a taxi at 8 a.m. that goes to the airport. The taxi only arrives at Eveline at 9.15 am and is so much too late that Eveline cannot check in on time at the airport.

An agreement contains the agreements made. These agreements must be fulfilled. As can also be read in the examples above, several things can cause a breach of contract. If one party deviates from the agreement, then there is a breach of contract. If you believe that another party has delivered a breach of contract to you, please contact AGA lawyers for a1st  free and non-binding advice.

The solutions to a breach of contract?
If there is a breach of contract, there are a number of solutions. These solutions are listed below:

  1. Performance of the agreement
    You have the possibility to demand compliance from the other party. The other party will still have to comply with the agreement, such as delivering a blue sofa, which is not the color you ordered. If the breach of contract has caused damage, you can also claim compliance and compensation.
  1. Suspension of the agreement
    Suspension means that due to the breach of contract of the other party, you also do not comply with the agreement. For example, a red sofa is ordered by Anita, and a blue sofa is delivered to Anita. As a result, Anita does not pay the bank's bill. Anita postpones her obligation to pay and  suspends the obligation until the red bank is delivered.

  2. Dissolution of the agreement
    If a breach of contract is provided by the other party, you can also dissolve the agreement. The agreement no longer exists after a dissolution. If necessary, both parties or one party must return the performance that has already taken place. If this return is no longer possible, a fee is usually paid. Compensation can also be claimed here if there is damage.  

First default and notice of default in case of default
Before you want to use one of the three solutions in case of default, the other party must first be in default via a notice of default. This means that you must give the other party a last chance to fulfill the agreement with you. You do this by sending a notice of default to the other party. The other party then still has a certain period to comply with the agreement. After this period, you can use one of the three solutions mentioned above. Make sure you can always provide proof of this notice of default. You can always contact AGA lawyers for help with this. 

The other party does nothing after a breach of contract?
If another party does not want to do anything about the non-performance they have provided or does not cooperate with the agreements, you can take measures. A letter from an AGA lawyer is in many cases sufficient to have the other party comply with the agreements. So that you get what you are entitled to. If this does not yield anything, the agreement can be dissolved by letter or at the court. Please contact AGA lawyers. You have a much better chance of a good outcome if you engage a lawyer in time. If you win the case, there is a good chance that you will be reimbursed for the legal costs by the other party.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within consumer law. In the event of a consumer law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The consumer lawyers of AGA Lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
 info@agajuristen.nl or contact form on the right side of our website.

More information
At the top of the search bar of this website, you will find more information about the specific jurisdictions and issues. To do this, click on the search bar at the top of the website! More information can also be found via the links (blue colored text sections) on this page above.