Schadevergoeding

Damages constitute a civil law remedy by which a debtor or tortfeasor is obliged to compensate the injured party for loss suffered. Such damages may be either contractual or non-contractual in nature and are governed by the Dutch Civil Code, in particular Articles 6:95 to 6:110 BW.

This framework is of central importance to the law of obligations and contract law. Absent a right to damages, parties would lack an effective means of redressing the consequences of non-performance or tort, rendering legal protection largely illusory.

In practice, claims for damages commonly arise in proceedings relating to traffic accidents, breach of sale contracts or professional negligence. Quantum is assessed by reference to causation, foreseeability and the duty to mitigate loss.