Legislator Case Law & Legislation
ECLI:NL:OGHACMB:2023:14 ECLI:NL:OGHACMB:2023:14 AI generated

Court dismisses appeal on contract termination, orders partial costs, and refers damage calculation to parties.

Case Number ECLI:NL:OGHACMB:2023:14
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

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The Court of Appeal dismissed the appellant's request to overturn the first-instance judgment regarding contract termination and damages. While the court upheld the finding that the defendant breached the agreement and rejected their exemption clause, it could not yet determine the specific amount of damages. Consequently, the judgment was suspended pending the parties' responses to detailed questions about hypothetical scenarios for calculating the loss. The court retained jurisdiction to make a final decision once these factual inquiries are resolved.

Legislator headnote

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Civil Code Book 6; Contract Law: Where a breach of contract is established but the extent of damages requires factual determination based on hypothetical performance, the court may suspend the final judgment and refer specific calculation questions to the parties for response.

Keywords

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contract termination breach of contract damages calculation exemption clause suspension of judgment good faith costs allocation

Cited Legislation

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art. 6:96 lid 2 BW
art. 6:277 lid 1 BW

Cited Case Law

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