Restrictions on termination With regards to damages, the aim thereof is generally to restore the creditor to the position he would have been in had the contract been fulfilled. In case of breach of contract, the damages will usually be assessed by considering the situation the creditor would be in if restored to the position… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (V)
Tag: failure
BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)
Non-performance as a response to non-performance Whenever a party to a contract is faced with non–performance by the other party, the party’s first reaction might well be to suspend its part of the contract. In the legal sense of the word, suspending or withholding performance may be described as both a defense and a self… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (IV)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)
Different cases of breach of contract Any question of breach starts with an inquiry into the type of obligation at hand. It is necessary to know more about the type of obligation at hand in order to determine whether a party has failed to perform that obligation. When determining whether a party has failed to… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (III)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)
Entitlement to specific performance Under the Netherlands Antilles Civil Code the demand for specific performance is not a remedy for breach of contract in a strictly legal technical sense. In this system the entitlement to specific performance is a consequence of the duty to perform a (contractual) obligation. The contract itself, and not the breach… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (II)
BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)
Failure to properly perform Under the Netherlands Antilles Civil Code (CC) breach of contract is defined as a failure to properly perform, perform on time, or to perform at all, which failure is attributable to one of the parties If a debtor breaches his obligations there are various courses of action available to the creditor.… Continue reading BREACH OF CONTRACT IN THE DUTCH ANTILLES (I)