Billijkheidscorrectie
equitable correction
The fairness correction is the court's power to reduce damages where an award of full compensation would be unacceptable by the standards of reasonableness and fairness.
The fairness correction, as provided for in Article 6:109 of the Dutch Civil Code, empowers the court to reduce the amount of damages awarded. Such reduction is permitted where full compensation would, having regard to the circumstances, produce an inequitable outcome—for instance where the defendant bears only limited responsibility or where the consequences for the liable party would be disproportionate.
The provision applies in both contract and tort and furnishes the court with a means of avoiding excessive awards. In practice, courts exercise the power sparingly and are required to give detailed reasons for any reduction.
Parties may anticipate its application by addressing, in contracts or in their pleadings, the circumstances that could justify mitigation.
“The court applied the fairness correction and reduced the damages award, as full compensation would have placed a disproportionately heavy burden on the defendant.”
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