Following a decision from the French antitrust authority (Autorité de la Concurrence) in 2009 (n°09-D-36) and a judgement from the…
Both partial and complete breaches of contract are subject to compensation. For example:
- The interruption of a contract that serves as the basis for a stable commercial relationship between two companies, namely: a distribution agreement, an out-sourcing agreement, a line of credit, etc.
- The termination of a temporary purchase/sale contract that compels the purchaser/seller to purchase/sell the product at a lower/higher price than the conditions guaranteed in the contract and/or additional costs
- The delivery of a defective product, part or machinery
Comparison between the actual and But-For situations, based either on:
- The terms set in the contract; or
- On the damage suffered by the victim, if it is greater than that set by the terms of the contract, i.e. when the proper execution of the contract would have positively affected the company’s operations. In the case of the delivery of defective products, the damage caused is a loss of profit to which are added supplemental costs, including potential damage to a brand’s image, etc.
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from the breach of contract or from defective products
- Prepare responses to opposing counsel arguments
- Assist the client during judicial proceedings: court procedures, financial expertise, etc.