Non-performance and remedies in European contract law
The contract needs to show what remedies are available if one side fails to deliver.
Chapter seven of the Principles of European Contract Law explains how both sides fulfil their part of the contract.
The first option is for the non-performing side to get the chance to complete their part of the contract. For instance, if a product does not work as specified, the supplier gets the chance to address the problem. A customer may have a right to claim a reduction in price even if the performance is achieved.
Remedies for non-performance in European contract law
If one side is simply not going to fulfil some or all of their part of the contract, there are various specific remedies for the injured party. These include:
- damages and/or interest on the loss caused
- a reduction in the price of the product or service
- termination of the contract
In each case, there are clauses outlining what the parties to the contract can do and how each side should give notice to the other for non-performance.