I PK 26/09
AI generated
Preliminary employment contract breach allows damages for lost profits and specific limitation periods apply.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a breach of a preliminary employment contract, upholding the lower court's award of damages. The plaintiff argued the defendant failed to hire him based on a promise made in 2003, while the defendant claimed the offer was informal and the contract void. The court ruled that the defendant's refusal to hire constituted a breach, entitling the plaintiff to compensation for both actual losses and lost profits.
Legislator headnote
AI generatedArt. 389 k.c.; Art. 390 § 3 k.c.; Art. 291 § 1 k.p.: In cases of breach of a preliminary contract for a future employment agreement, the limitation period is governed by Art. 390 § 3 of the Civil Code, and damages include both actual losses and lost profits.
Keywords
AI generated
preliminary employment contract
breach of contract damages
lost profits compensation
limitation period rules
cassation appeal dismissal
Cited Legislation
AI generatedArt. 389 k.c.
Art. 390 § 3 k.c.
Art. 291 § 1 k.p.
Art. 60 k.c.
Art. 65 k.c.
Art. 3983 § 3 k.p.c.
Art. 39813 § 2 k.p.c.
art. 389 k.c
art. 390 § 3 k.c
art. 291 § 1 k.p
Cited Case Law
AI generatedII CSK 336/07
Supreme Court allows claim against State for breach of contract regarding defective land title transfer.
II PK 108/04
Supreme Court dismissed cassation; employment contract term must be certain and known to parties.
III CK 103/05
Supreme Court allows damages for lost tax deduction due to breach of promised contract.
I PK 117/08
Supreme Court allows partial damages for breach of promised employment contract and work performed.
I PK 356/06
Court dismisses appeal, ruling breach of promised employment contract liability is limited to non-conclusion, not non-performance.
II CSK 274/06
Supreme Court dismisses claim for damages for failed lease agreement due to unproven construction costs.