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Notice To Remedy Breach Of Contract Template for Netherlands

A Notice to Remedy Breach of Contract under Dutch law (ingebrekestelling) is a formal legal document that serves as an official notification to a party who has breached a contract. This document, governed by the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 3 and 6, outlines the specific nature of the breach, demands remedial action within a reasonable timeframe, and states the consequences of non-compliance. It is a crucial step in Dutch contract law enforcement, as it formally establishes default and is often a prerequisite for claiming damages or terminating the contract. The notice must be clear, specific, and provide a reasonable opportunity for the breaching party to cure the default.

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What is a Notice To Remedy Breach Of Contract?

The Notice To Remedy Breach of Contract is a critical legal instrument in Dutch contract law, used when one party needs to formally notify another of a contract violation and demand corrective action. This document is essential in commercial relationships where a party has failed to meet their contractual obligations, serving both as a formal warning and as a legal prerequisite for further action. Under Dutch law, sending this notice (ingebrekestelling) is typically required before pursuing legal remedies such as claiming damages or terminating the contract. The notice must clearly identify the breach, specify required remedial actions, provide a reasonable timeframe for compliance, and outline consequences of continued non-compliance. It reflects the Dutch legal principle of providing opportunities for remedy before taking more severe action, while also protecting the notifying party's legal rights.

What sections should be included in a Notice To Remedy Breach Of Contract?

1. Sender Details: Full legal name and address of the party sending the notice

2. Recipient Details: Full legal name and address of the breaching party

3. Date: The date of the notice

4. Subject Line: Clear indication that this is a Notice to Remedy Breach of Contract with reference to the specific contract

5. Contract Reference: Details of the original contract including date, parties, and subject matter

6. Description of Breach: Specific details of how the contract has been breached, including dates and relevant facts

7. Legal Basis: Reference to relevant contract clauses and legal provisions being relied upon

8. Remedy Required: Clear statement of what actions are required to remedy the breach

9. Deadline: Specific deadline by which the breach must be remedied (reasonable time period under Dutch law)

10. Consequences: Statement of legal consequences if the breach is not remedied within the specified timeframe

11. Closing: Formal closing, signature block, and details of the signatory

What sections are optional to include in a Notice To Remedy Breach Of Contract?

1. Without Prejudice Statement: Optional statement preserving legal rights, used when there are ongoing negotiations

2. Previous Correspondence: Reference to any previous communications about the breach, if applicable

3. Reservation of Rights: Statement reserving additional legal rights and remedies, used in more serious breaches

4. Dispute Resolution Reminder: Reference to contract's dispute resolution provisions, included when escalation seems likely

5. Good Faith Statement: Statement expressing willingness to discuss resolution, used when maintaining business relationship is desired

What schedules should be included in a Notice To Remedy Breach Of Contract?

1. Evidence of Breach: Documentation proving the breach (e.g., photographs, reports, correspondence)

2. Contract Excerpt: Relevant sections of the original contract being breached

3. Timeline of Events: Chronological listing of relevant events leading to the breach

4. Payment Records: If breach relates to payment obligations, relevant payment history or outstanding amounts

5. Communication Log: Record of previous attempts to resolve the issue, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Cost

Free to use

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