Negotiations, prescription and reasonableness and fairness


In Bedrijfsjuridische berichten (Bb), 2018, no. 23, Douwe Cnossen wrote the article "Negotiations, prescription and reasonableness and fairness".

Invoking prescription may under certain circumstances be unacceptable according to the standards of reasonableness and fairness if the term of prescription ended during the negotiations. In the judgement to be discussed (Supreme Court dated 26 January 2018), the Supreme Court makes short work of the Court of Appeal's ruling that prescription of a claim for damages is not legally valid. Moreover, the Supreme Court addresses the potential consequences of negotiations on an appeal to prescription.

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