Redelijkheid en billijkheid
reasonableness and fairness
Reasonableness and fairness is a general principle of law that obliges parties in a legal relationship to conduct themselves towards each other in accordance with the requirements of reasonableness and fairness.
The principle is laid down in Article 6:2 BW and operates as a supplement to, and limitation on, statutory and contractual rules. It requires a party to refrain from abusing its legal position and to take account of the legitimate interests of the other party.
In practice, the principle is frequently invoked in the interpretation of contracts, in determining whether performance may be claimed, and in assessing whether a clause is unreasonably onerous. The courts apply it to correct rigid statutory or contractual outcomes that would produce unacceptable results in the particular circumstances.
The principle is a matter of public policy and cannot be excluded by the parties.
“The subdistrict court judge held that, on grounds of reasonableness and fairness, the employer was required to offer the employee an appropriate arrangement upon termination of the employment relationship.”
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