Court rules that corona crisis does not constitute force majeure – dated April 10, 2020 – mr. AW Dolphin
If payment cannot be made due to the loss of income, then
there is not always a force majeure situation. The Court of Den Bosch 23
March 2020 (ECLI:NL:RBOBR:2020:1763) ruled that a tenant cannot appeal
to force majeure because of the corona crisis, because from the
commencement of the lease and therefore before the corona crisis
late payment of rent. The backlog was possible with the corona crisis
not be logged in. The lessor claimed the entire arrears,
plus fines for late payment. The court held as follows:
“As far as[gedaagden] intended to appeal with their defence
financial inability or inability to pay, the inability to pay,
no matter how annoying[gedaagden] , in the risk sphere of[gedaagden] is
and not release them from their payment obligations under the
lease agreement[eisers] dismisses. The subdistrict court judge signs this
indicates that it is already too late from the start of the rental agreement
payments through[gedaagden] , while there was no corona at that time
crisis.”
The court rules that the claimed entire rent arrears and fine
will have to be paid.
Perhaps the judgment would have been different if there had been no question at all
was from a late payment prior to the corona crisis and the
payment arrears are wholly and exclusively attributable to the
corona crisis.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
you respond? Go to dolphijn@ludwigvandam.nl
Other messages
Judge anticipates Franchise Act: no mandatory formula change (without threshold value)
The District Court of Amsterdam ruled that a Blokker franchisee is not obliged to renovate the store in accordance with the latest formula principles, as instructed by Blokker.
Interview Mr. J. Sterk and mr. C. Rutten in Franchise+: “Call to the automotive sector: prepare yourself well for the new Franchise Act” dated October 2, 2020
The new Franchise Act has a broad effect, also in the automotive sector. But are people aware of it enough?
Article The National Franchise Guide – “Corona discount of 50% on the rent” – mr. AW Dolphijn – dated September 15, 2020
Disappointing turnover due to the corona crisis may mean that the rent is halved, even if the rent is partly turnover-related.
Article Franchise+ – “Franchisor uses “derivative formula” (without his knowledge)” – mr. AW Dolphijn – dated September 9, 2020
Many franchisors will not be aware of the fact that they use a "derived formula" as referred to in the Franchise Act.
Article Franchise+ – “Obligations and rights of the starting franchisee” – mr. AW Dolphijn – dd
What should you pay attention to as a starting franchisee, what are your obligations and what are your rights when concluding the franchise agreement?
Article Mr. C. Damen – Three conditions for the right to customer compensation for the agent upon termination of the agency agreement – dated August 26, 2020
In the agency relationship between an agent and a client (the principal), the parties record their cooperation agreements in an agency agreement. When the principal enters into the agency agreement