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What is a notice of general liability? It is a written letter in which you formally hold another party liable for damages you have suffered and for which you hold that person or company responsible. The letter specifies the damage-causing event, the legal basis (usually unlawful act, Article 6:162 of the Dutch Civil Code, or breach of contract), the extent of the damage, and the claim for compensation. It is the first, crucial step before you can legally pursue a claim for damages.
The short answer
- What: A letter that formally holds someone liable for damages suffered.
- Basis: unlawful act (Art. 6:162 BW) or breach of contract (failure to perform an agreement).
- Objective: to hold the opposing party liable, establish default, and interrupt the statute of limitations.
- Content: facts, allegation, legal basis, extent of damage, and a concrete claim with a time limit.
- Effect: often an amicable solution; otherwise the basis for legal proceedings.
What exactly is a general liability statement?
A general liability notice is a written statement in which you inform another party that you hold them responsible for damages. “General” means that the letter is not tied to one specific situation: it can be used for damages arising from a contract (breach of contract) as well as for damages without a contract (tort). Examples include a supplier delivering a defective product, a contractor causing damage to your property, or a party failing to honor an agreement.
The letter does three things at once: it states who is responsible, why, and what compensation you are seeking. Without such a letter, in most cases you cannot enforce compensation — the law generally requires you to first formally address the opposing party.
The legal basis: Article 6:162 of the Dutch Civil Code
The most important basis is unlawful act, regulated in Article 6:162 of the Civil Code. For a successful appeal, five conditions must be met:
- Unlawful act: an infringement of a right, an act or omission contrary to a statutory duty, or contrary to what is proper according to unwritten law.
- Attributability: the act is attributable to the perpetrator by fault or law.
- Damage: actual damage has been suffered.
- Causal link: the damage is a consequence of the unlawful act.
- Relativity: the violated norm serves to protect against this damage (Art. 6:163 BW).
If one of these elements is missing, the claim will not hold up. In the case of damages arising from a contract, liability is established via breach of contract (Art. 6:74 BW): a failure to perform an obligation.
Default and notice of default
In cases of breach of contract, default is often a requirement before you can claim damages. Default occurs after you have sent the other party a notice of default: a formal demand in which you grant a reasonable period to still perform. Only when that period expires without result is the other party in default (Art. 6:81 et seq. of the Dutch Civil Code).
In some situations, default occurs immediately, without notice of default: for example, if performance is permanently impossible or if a fixed deadline has passed. In the case of a tort, notice of default is generally not required — the default then arises by operation of law at the moment of the damage. A well-structured statement of liability clarifies which route applies.
Interrupting the statute of limitations
A legal claim for damages is subject to a statute of limitations. The general rule is five years after you became aware of the damage and the liable party, and in any case twenty years after the event causing the damage (Art. 3:310 BW). If the claim is time-barred, you can no longer enforce compensation for the damages.
Holding someone liable is the primary means of interrupting the statute of limitations (Art. 3:317 BW): a written demand in which you unequivocally reserve your right to performance resets the limitation period to zero. Therefore, it is advisable to hold someone liable in a timely manner and in writing, even if you are not immediately planning to litigate.
What does the letter say?
- Parties: who holds liable and who is being sued.
- Facts: what happened, when and where.
- Blame and basis: unlawful act or breach of contract, with the statutory basis.
- Damage: what damage has been suffered and what it consists of.
- Claim and time limit: the amount you are claiming and within what time limit.
- Reservation: the right to further measures and to additional damages.
Practical example: A caterer delivers spoiled meals at a corporate event, causing guests to fall ill and the client to suffer reputational damage. The client holds the caterer liable for breach of contract, specifies the damages (costs of replacement catering, lost follow-up assignments), and grants fourteen days to respond.
Honest recommendation
For simple, well-documented damage — a defective product, a clear breach of contract with limited damage — you can easily draft the notice of liability yourself using a good template. A lawyer is not necessary in this case. Do ensure that you specifically state the facts, the basis, and the damage, and that you send the letter by registered mail or with verifiable proof.
Do engage a lawyer in cases of high damage amounts, disputed facts, unclear liability, or when the statute of limitations is imminent. A poorly worded letter cannot interrupt the statute of limitations or cause default to occur, and that will ultimately cost you the claim.
Read more: general liability claim, drafting and having a liability claim drafted.
Frequently Asked Questions
A written letter in which you formally hold someone liable for damages suffered. The letter specifies the event, the legal basis (tort or breach of contract), the extent of the damage, and the claim for compensation. It is the first step before you can pursue a damage claim legally.
Usually based on tort (Art. 6:162 BW) for damage without a contract, or breach of contract (Art. 6:74 BW) for damage arising from a contract. For a tort, five conditions must be met: unlawfulness, imputability, damage, causal link, and relativity.
In the case of breach of contract, often yes: you give the counterparty a reasonable period to still perform, after which default occurs. Not necessary if performance is permanently impossible or a fatal deadline has passed. In the case of a tort, default usually arises by operation of law, without notice of default.
Liability means that someone is responsible for the damage. Default is the state in which the debtor falls short after having been reminded or after a time limit has expired. Default is often a prerequisite for claiming compensation for breach of contract.
The legal claim lapses five years after you become aware of the damage and the liable party, and in any case twenty years after the event (Art. 3:310 BW). A written notice of liability interrupts the limitation period (Art. 3:317 BW) and resets the term to zero.
The parties, the facts (what, when, where), the allegation with the legal basis, the extent of the damage, a concrete claim with a time limit, and a reservation regarding further measures. Send the letter by registered mail or by proof, so that you can later prove that and when you made the demand.
For simple, well-substantiated damages, you can draft the letter yourself using a template. Consulting a lawyer is advisable for large amounts, disputed facts, unclear liability, or impending statute of limitations, because an incorrectly formulated letter may miss the notice of default or interruption, and consequently the claim.
