Plichtsverzuim
Breach of duty
Non-performance is the failure to perform a statutory or contractual obligation, or to do so in a timely or correct manner.
Default is a core concept in Dutch law of obligations and forms the basis for liability arising from non-performance of an obligation. It occurs when a debtor fails to perform an obligation derived from contract or statute and such failure is attributable to the debtor.
The concept is significant because it establishes the prerequisites for legal consequences such as damages, specific performance or termination of the contract. Absent default, a creditor is generally unable to invoke remedies.
In practice, courts determine whether an attributable failure to perform has occurred, taking into account factors such as force majeure or the nature of the obligation.
“The client claimed damages for the contractor's default, the latter having failed to carry out the works as agreed.”
Related terms
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