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Entrepreneurship and business

Practical legal tips on the applicability of General Terms and Conditions of Trade

Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.

Directors and officers liability towards third parties: The Beklamel-Standard

The corona crisis can cause difficulties for your company. It may not be able to supply all its customers with products, pay all its suppliers on time or otherwise fail to meet its obligations towards its contracting parties and other third parties. As a director of such a company, you may wonder which agreements you can still enter into and which risks you can still take with a view to the continuity of the company you manage.

Fiscal support measures during Corona crisis

On the 17th March 2020, the Cabinet announced a large number of measures. These measures are aimed at supporting companies and freelancers. The measures include measures to maintain employment on the one hand and measures to ensure that companies do not go bankrupt and that self-employed people can maintain an income on the other hand.

Dissolution of contract: What is a reasonable period for performance?

Suppose your contracting party does not deliver the quality you had agreed, how much time should you give them to improve their performance? In other words, when can you say: "I have lost my patience and I want to dissolve the contract"? These questions were addressed in the judgment Fraanje vs. Alukon (ECLI:NL:HR:2019:1581) of the Supreme Court on 11 October 2019. An important judgment in the field of contract law, in particular for parties who are dealing with an opposing party who does not fulfil his obligations under the contract.

Madelon van Breemen

International business to business contracting

+31 (0)10 209 27 65 vanbreemen@lvh-advocaten.nl
Yvonne Jansen

rental (contract and eviction), business and shareholders, property

+31 (0)10 209 27 75 jansen@lvh-advocaten.nl
Rob Steenhoek

insolvencies and reorganisation, business and shareholders

+31 (0)10 209 27 52 steenhoek@lvh-advocaten.nl
Michelle Reevers

aviation, commercial contracts, business and shareholders

+31 (0)10 209 27 75 reevers@lvh-advocaten.nl

More lawyers >
Practical legal tips on the applicability of General Terms and Conditions of Trade

Are you sometimes confronted with the situation where your business enterprise has contracted with another business and your business enterprise has sent an offer to the other party you’re your General Terms and Conditions and the other party has accepted your order by return stating that that their General Terms and Conditions apply? The question is which General Terms and Conditions apply here. This is what is called a “battle of forms”.

Directors and officers liability towards third parties: The Beklamel-Standard

The corona crisis can cause difficulties for your company. It may not be able to supply all its customers with products, pay all its suppliers on time or otherwise fail to meet its obligations towards its contracting parties and other third parties. As a director of such a company, you may wonder which agreements you can still enter into and which risks you can still take with a view to the continuity of the company you manage.

Fiscal support measures during Corona crisis

On the 17th March 2020, the Cabinet announced a large number of measures. These measures are aimed at supporting companies and freelancers. The measures include measures to maintain employment on the one hand and measures to ensure that companies do not go bankrupt and that self-employed people can maintain an income on the other hand.

More articles >

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