Hardheidsclausule

A hardship clause, also known as a hardship clause, is a provision in an agreement that permits derogation from strict contractual obligations where circumstances arise which the parties could not reasonably have foreseen at the time of concluding the contract and which result in disproportionate burdens.

This clause is relevant because Dutch contract law is founded on the principles of reasonableness and fairness (Article 6:248 BW). Absent such a provision, strict performance may lead to inequitable outcomes, whereas the clause affords the parties flexibility and may prevent legal proceedings.

In practice, hardship clauses are found primarily in long-term contracts such as leases, supply agreements or collaboration agreements. The parties may include criteria for adjustment, such as indexation or renegotiation, and the clause may serve as the basis for an amicable settlement or a claim before the court.