Posted in Contract Law

‘Sorry, degene die heeft getekend was niet bevoegd’ – Wat doe je dan?

Netherlands: how often have you had a contract coutnersigned by someone and later realised/acknowledged that this person had no representation power?

Never to me, but here are soem steps to make sure you are legally covered:

  • you can check on hte KVK or demand an extract to make sure the signee is either an owner or a legitimate director, or
  • as k for the proxy statement. If may be irky from the other side, but at least you will be playing it safely.


Posted in Contract Law

Everything You Need to Know About Statements of Work

SOW, their main ingrdients are:

  • Scope of Work,
  • Detailed description of the services,
  • Specific requirements,
  • Term of the SOW,
  • Location,
  • Timelines,
  • Deadlines,
  • Deliverables,
  • Assumptions,
  • Additional or Special Requirements,
  • Precedent Clause, and
  • Signature Block.

You should especially pay attention to:

  • Acceptance Language,
  • Payment Terms,
  • Intellectual Property (“IP”) Ownership,
  • Indemnity Clauses, and
  • Limitation of Liability Clauses.


Posted in Contract Law

Déséquilibre significatif : quelles sont les principales évolutions de la jurisprudence ?

While several jurisdictions can count on abusive clause’s laws to give shelter to consumers, France tackled such abuses between commercial entities too with a 2008-law.

The Four main takeaways are that:

  • the range of actions is growing and reaches also relationship of unbalanced paower
  • a ruling is not limited to the single clause but the the overall contract
  • the unbalancement is quite broad as a concept, therefore rather far-reaching
  • the check on the legitimity is now even extended to the price assessment.