MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Invoking force majeure can make a world of difference: if successful, you are not liable for the failure to fulfill your obligations; if unsuccessful, you must still perform or pay compensation for the damage. However, force majeure (Article 6:75 of the Dutch Civil Code) is assessed strictly.
What is force majeure?
Force majeure means that a failure to perform cannot be attributed to you: you are unable to fulfill your obligation due to an unforeseen circumstance that is not attributable to your fault and is not for your account (Article 6:75 of the Dutch Civil Code). Examples include natural disasters, government measures, or other external factors that make performance impossible.
A successful profession: protection
If your appeal to force majeure is successful, you are not liable for the non-performance. You are then not required to pay compensation, and the other party cannot successfully hold you liable. Force majeure thus offers an important way out when external circumstances temporarily or permanently prevent you from performing.
A failed appeal: liability
If the appeal fails, the difference is significant: you remain obliged to fulfill your obligation or compensate for the damage, and the other party can dissolve the agreement. An appeal to force majeure is unlikely to succeed: the fact that performance becomes more expensive or difficult is usually insufficient. It is required that performance is reasonably impossible and that the cause lies outside your sphere of risk.
Stipulate force majeure in your contract
The contract itself often defines what constitutes force majeure. In your general terms and conditions, you can define force majeure and regulate the consequences: suspension, a longer term, or termination without liability for damages. A well-drafted force majeure clause increases your security and prevents disputes when it matters most.
Frequently Asked Questions
What happens in the event of a successful appeal to force majeure?
In that case, you are not liable for the non-performance and do not have to pay compensation.
Is an appeal to force majeure easily successful?
No. The fact that performance becomes more expensive or more difficult is usually insufficient. It is required that performance is reasonably impossible and lies outside your sphere of risk.
Can I arrange for force majeure myself?
Yes, you can define force majeure and specify the consequences in your contract or general terms and conditions.
A strong force majeure clause?
Our legal experts incorporate a comprehensive force majeure clause into your general terms and conditions. View our contract lawteam or schedule a free consultation.
