Legal alert

Dutch Supreme Court confirms applicability of Haviltex principle to commercial contracts

April 17, 2013
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Legal alert

The Supreme Court confirmed in a judgement of 5 April 2013 that commercial contracts too should be interpreted on the basis of the Haviltex principle.

The Supreme Court confirmed in a judgement of 5 April 2013 that commercial contracts too should be interpreted on the basis of the Haviltex principle. The parties’ statements and conduct before the conclusion of an agreement are also relevant in interpreting commercial contracts, even if the circumstances justify great significance being given to the contractual wording chosen by the parties. An ‘entire agreement’ clause would not automatically change this.

 

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