Legislator Case Law & Legislation
ECLI:NL:RBROT:2019:8081 ECLI:NL:RBROT:2019:8081 AI generated

Court dismisses breach of contract claim where performance was objectively impossible due to lack of control over hotel rooms.

Case Number ECLI:NL:RBROT:2019:8081
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for breach of contract and damages regarding a lease agreement. The defendant argued that isolating the basement could not achieve the agreed soundproofing result because the plaintiff had no control over the hotel rooms above. Consequently, the court found the specific performance and damages claims unenforceable as the contractual goal was objectively unachievable.

Legislator headnote

AI generated

Civil Code Articles 6:218 BW; Civil Code Article 6:219 BW: Where a contractual obligation requires the performance of an act that is objectively impossible for the obligor due to circumstances beyond their control, no breach of contract exists.

Keywords

AI generated
impossible performance breach of contract objective impossibility lease agreement soundproofing obligations damages claim contractual impossibility

Cited Legislation

AI generated
Civil Code Article 6:218 BW
Civil Code Article 6:219 BW
Civil Code Article 6:119 BW
artikel 7:900 lid 1 BW
artikel 6:162 BW
artikel 6:119 BW
AI generated

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