Lexicon

The digitization of society offers new opportunities to commit a crime using ICT. This type of crime is called computer crime or cybercrime. Cybercrime is […]

In the event of copyright infringement, the infringer can be held liable to pay damages. The rules to claim liability of the infringer, and the […]

Damage compensation is the performance that a party must perform to compensate for the damage to the other party. The obligation to pay damages arises […]

A debtor is a person who has an obligation to another (the creditor).

Defamation is split into two categories. Deliberately tarnishing someone’s honour or reputation is called slander. If this is done in writing, it is libel.

Default is a situation in which a debtor can find himself if he or she fails to fulfil his obligations. If the debtor is in […]

Non-performance has to do with violating conditions from an agreement. The Dutch Civil Code provides that parties to an agreement must comply with the conditions […]

There is a shortcoming if the debtor fails to perform (properly) based on an obligation. If this shortcoming can be attributed to the debtor, there […]

A defect of consent exists when the intention to enter into a legal contract with one of the parties involved would not have existed under […]

Delay damage is damage that a creditor suffers due to a delay in the fulfilment of the agreement. A debtor is only obliged to compensate […]

The derogating effect of reasonableness and fairness means that a rule applicable between the parties will not apply if that application is unacceptable according to […]

It is possible to buy something by phone or online instead of in an “ordinary” store. Such a purchase is called a “distance selling”. Distance […]

It has been established in settled case-law that IT suppliers have a duty of care. The criterion is whether or not the supplier “met the […]

A best-efforts obligation is a contractual obligation to make a certain effort. Opposite to the best efforts obligation is the result obligation, whereby the focus […]

In an agreement, most people envision a contract signed by the parties. The conclusion of a contract is, however, form-free and can take place in […]

In ICT, it regularly happens that the ICT supplier and ICT customer conclude an escrow agreement. With an escrow agreement, parties agree on an arrangement […]

A right errors if a creditor has behaved in a manner that is incompatible with the subsequent assertion of the right in question, according to […]

Exoneration is a synonym for limitation of liability. For more information see liability limitation.

Prescription means that after a certain period of time, the claim is no longer legally enforceable. The statute of limitation has been created to serve […]

When an agreement has a strict deadline and has been exceeded without result, the debtor is automatically in default and no notice of default is […]

Final discharge is a term commonly used in a settlement agreement. If the parties grant each other (mutual and final) discharge, this means that the […]

A fine is an amount due that is the result of an act contrary to the law or a contract. If a penalty is due […]

Fixed fee is de Engelse benaming voor de vaste prijs. Ook in Nederland wordt deze term regelmatig gebruikt. Voor de betekenis zie vaste prijs.

Sometimes a fixed price is agreed upon for the delivery of a service. The supplier can only propose such a fixed price if he has […]

‘Fixed scope’ is a frequently used term in contracts. It reflects the scope of the work. The term is often used in combination with the […]