Aftaleudfald

Aftaleudfald is a term used to describe the situation where a party fails to fulfil its contractual obligations. It covers non-performance, late performance, or defective performance under an agreement and can range from material to minor breaches depending on the contract’s provisions and the breach’s impact.

When an aftaleudfald occurs, the party affected by the breach may pursue several remedies provided by contract law. Common options include requiring performance of the obligation, demanding damages for losses caused by the breach, seeking modification of the contract, or terminating the contract in cases of material misperformance. Many contracts specify a notice-and-cure process, giving the breaching party an opportunity to remedy the breach within a set period before other remedies can be exercised. In some contracts, penalties or liquidated damages may be stipulated for specific breaches, such as late delivery.

Damages in an aftaleudfald are typically designed to cover foreseeable losses caused by the breach, with a duty on the injured party to mitigate damages. If the breach is substantial, it often supports termination of the contract, whereas minor breaches may result in prorated remedies.

Aftaleudfald should be distinguished from anticipatory breach, where a party indicates before performance that it will not be able to comply. It is also connected to concepts such as repudiation, specific performance, and renegotiation of contractual terms.

Examples include a supplier missing a delivery deadline, a buyer failing to pay, or a contractor delivering deficient work. The exact remedies depend on the contract terms and applicable Danish contract law.