Legislator Case Law & Legislation
ECLI:NL:RBAMS:2017:6074 ECLI:NL:RBAMS:2017:6074 AI generated

Court orders defendant to pay plaintiff for pest control services and associated costs after rejecting breach of contract claim.

Case Number ECLI:NL:RBAMS:2017:6074
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled in favor of the plaintiff, ordering the defendant to pay outstanding invoices for pest control services along with interest and collection fees. Although the defendant argued that the pest problem recurred due to the choice of liquid treatment versus glue traps, the judge found this claim unsubstantiated and noted that multiple treatments are typically required for complete eradication. Consequently, the court awarded the full claimed amount including administrative costs and declared the judgment enforceable.

Legislator headnote

AI generated

Articles 6:162 BW and 6:218 BW; A service provider is liable for non-performance unless the client fails to cooperate or the service is objectively impossible, and mere recurrence of the problem does not automatically constitute a breach.

Keywords

AI generated
contract for services breach of contract pest control dispute non-performance liability collection costs commercial rent enforceable judgment

Cited Legislation

AI generated
Besluit vergoeding voor buitengerechtelijke incassokosten
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