Research memorandum
When does a breach justify termination?
Question
A supplier misses an agreed delivery deadline. Can the customer terminate the contract and recover its losses?
Termination may be justified where the breach is sufficiently serious. If performance remains possible, the supplier normally must first be placed in default, unless the deadline was legally final or another exception applies. Any claim for damages requires a separate assessment.
Primary authority
Burgerlijk Wetboek Boek 6, artikelen 74, 81-83 en 265