Principle

There are three main types of faults in contract fulfilment:

• Discontinuation of a contract between two companies with an established relationship such as: distribution contract, sub-contracting agreement, credit line contract…

• The prejudice arising from this form of contract breach depends on the remaining period before the end of the contract.

• Breach of a time-limited purchase/sale contract compelling the purchaser/seller to purchase/sell at a higher/lower price than the one guaranteed in the contract with/without additional expenses.

• Delivery of faulty products, spare parts or machinery causing a loss in production and in sales to the buyer.

Our means : comparing the current situation with what would be a “normal” situation.

The “normal” situation will be assessed either:

• From the terms of the contract;

• On the basis of the prejudice experienced by the harmed company, if the damage is higher than the terms specified in the contract, ie: when it is made clear that a correct application of the contract would have generated sales and profit.

In the event of delivery of faulty products, the prejudice experienced will be assessed through production loss, loss in sales and margin loss due to product defectiveness. It can be increased by additional costs, not to mention a damage to brand image, in the case of a launch of a lower quality product on the market and/or a recall of faulty products…

Results

 Drawing up a strategic and financial report endorsing the legal argumentation of our client’s advisors
 Appropriate response to the arguments given by the adverse party
 Legal counselling of our client during all proceedings (experts reports, courts of law…).

We helped them :

 Graham Packaging, Christofle, Bouygues Télécom...