Poorly managed breaches of contract can be costly: business stoppages, loss of sales, unfair accusations. Our role is to qualify the breach, secure your position and obtain compensation when the breach is at fault. Conversely, we can help you to get out cleanly from a contract that has become toxic.
This applies to you if :
- Your business partner breaks without warning or justification;
- A service provider abandons an assignment in progress;
- You receive a letter of cancellation that you consider unfair;
- You want to get out of a contract but don't know how to announce it;
- You are threatened with prosecution even though you have fulfilled your obligations.
What we do for you :
- Rigorous analysis of termination (abuse, breach, notice period, resolutory clause);
- Drafting or contesting termination letters ;
- Assessment of the financial, moral or commercial loss ;
- Negotiation of an exit settlement ;
- Legal action for damages.
- Defence in the event of prosecution when you are entitled to terminate the contract
Frequently asked questions
Can a commercial contract be terminated without notice?
It depends on the contract and the law. A termination without notice or valid reason may be abusive and give rise to compensation.
What compensation for a vexatious breach?
It depends on the actual loss : lost margin, investments made, reorganisation costs. We quantify the loss and test it against case law.
What if my partner no longer performs the contract?
Record and document the breaches, then have them confirmed in writing. A formal notice formalises your position and prepares the action.
Can I terminate an ongoing contract without risk?
A poorly prepared termination exposes you to claims. We check the clauses and notice periods and secure the exit.
What is reasonable notice for an open-ended contract?
A commercial contract of indefinite duration can be terminated, but subject to reasonable notice. Its length depends on the length of the relationship, the investments made and sector practice. Notice that is too short may be found insufficient and give rise to compensation. We assess the appropriate notice for your situation.
Does a non-compete clause remain valid after termination?
A non-compete clause only takes effect if it is limited in time, in territory and as to the activities covered. A clause that is too broad may be reduced or set aside by the court. We analyse the clause in your contract to determine what is actually enforceable after termination.