A term often heard is the so-called ‘unlawful act’. The law stipulates that the following are regarded as unlawful acts: the violation of a right, an act or omission breaching a duty imposed by law or a rule of unwritten law pertaining to proper social conduct. This is a broad legal definition which can apply to many situations. For instance, defamation of character may constitute a violation of a right. Not every violation qualifies as an unlawful act. It depends on the specific circumstances of the case.
Requirements for an unlawful act for liability
For an action arising from an unlawful act to succeed, five requirements must be met:
- unlawful conduct
- attributability of the act to the offender
- causality between the act and the damage
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If the requirements listed above are met, the person who committed an unlawful act can be held liable. Liability means an obligation to pay compensation. A legal person is an independent bearer of rights and obligations and therefore liable in the event of an attributable unlawful act.
An example of this is an employer who commits an unlawful act towards his employee. In principle, the board is not liable for legal acts of the legal person. However, in certain circumstances a board member can be held liable for an unlawful act.
Amount in compensation
The unlawful act serves as a safety net for recovering material and immaterial damage. Damage that is not provided for in a contract or that is difficult to include under another article of law can, in certain cases, be qualified as an unlawful act. The amount in compensation is subject to discussion. Good legal assistance is essential during this discussion. When you bring in a lawyer from VIOTTA, you are assured of expert legal guidance and ‘judgment’.
VIOTTA supports your company in claims based on an unlawful act
VIOTTA’s litigation lawyers have extensive experience in (conducting litigation regarding) unlawful acts and compensation. VIOTTA puts this experience to good use when it initiates a claim for compensation and defends a client against an alleged claim based on an unlawful act. We cooperate closely with other professionals in our network, both in the Netherlands and abroad.
Need advice regarding an unlawful act? Bring in VIOTTA
Are you held liable or do you want to bring an action on the basis of an unlawful act? If so, contact the litigation lawyers of VIOTTA. Thanks to our experience and knowledge, we know how to resolve the most complex cases in your favour. Contact us, we are happy to help you.
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VIOTTA is a law firm based in Amsterdam, specialising in providing advice in the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters and litigate in commercial disputes. VIOTTA provides legal advice to its clients on Dutch corporate law matters, such as corporate governance, board structures, directors’ duties and liabilities, joint ventures and other collaborations. VIOTTA advises purchasers, sellers, management and other stakeholders in domestic and cross-border mergers and acquisitions (M&A).