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.
Legislator summary
AI generatedThe 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 generatedCivil 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 generatedCivil 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
Related Decisions
AI generatedECLI:NL:RBAMS:2020:7535
Court appoints expert to measure noise levels before ruling on leasehold defect claim.
ECLI:NL:RBAMS:2021:6125
Landlord ordered to fix poor floor insulation and pay tenant reduced rent due to noise issues.
ECLI:NL:RBMNE:2024:6073
Tenant's noise and unauthorized terrace use claims dismissed; landlord loses case and pays costs.
ECLI:NL:RBOBR:2025:5946
Tenant's claim for rent reduction due to insulation defect dismissed; expert reports insufficient to prove legal defect.
ECLI:NL:RBMNE:2024:5962
Tenant's breach of lease for noise and refusal to cooperate deemed insufficient for immediate termination.