Warning! AUTOMATIC TRANSLATION FROM POLISH LANGUAGE
- Force Majeure – the importance of precisely defining contractual provisions
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION FROM POLISH
In a final judgment of the District Court in Olsztyn in a commercial case involving our client, the court dismissed the State Treasury’s appeal seeking contractual penalties for uncollected raw materials that were the subject of a sales agreement with the client.
The client’s defense against this claim was based on the fact that a force majeure event occurred at the client’s company, and therefore a contractual penalty could not be charged. The sales agreement specified the vis maior provisions to the effect that the obligation to pay a contractual penalty does not arise in the event of a force majeure event if it prevented the performance of the contract with due diligence.
The client maintained due diligence; despite the limitation of the company’s operations due to the destruction of part of the infrastructure, the client continued to operate the business on a limited scale and proposed to postpone the goods collection date by several months. The plaintiff, representing the State Treasury, was not interested in such a proposal and sent a reminder for payment of a contractual penalty, also denying the nature of the event at the Client’s enterprise, claiming it did not constitute a force majeure event.
The standard contract form constituting the legal basis for the claim did not sufficiently precisely define the possibility of invoking the vis maior clause, and the precise definition of rights and obligations in contractual provisions rests with the party who drafted the contract. In this regard, the Supreme Court has already expressed an important view in one of its rulings: The view should be shared that, also under Polish law, and not only in consumer relations (Article 385 § 2 of the Civil Code), doubts should be interpreted to the detriment of the party who drafted the contract. The risk of doubts arising from unclear contractual provisions that cannot be resolved through interpretation should be borne by the party who drafted the contract. (See: written justification of the Supreme Court judgment, reference number III CSK 55/11, published in SAOS, and the Supreme Court rulings cited therein). The Olsztyn court considered the client’s case for the third time on the same factual basis, brought by the State Treasury. In the two previous cases, the State Treasury’s claims for contractual penalties stipulated in the applicable standard forms were also dismissed with finality. Attorney Michał Mróz successfully handled all of the client’s proceedings from the outset.
- Force Majeure – the importance of precisely defining contractual provisions
- What is an objection to decisions issued under Article 138 § 2 of the Code of Administrative Procedure?
- More successes in disputes with Medical Commissions
- Family Law Success
- Legal Services for Inheritance Ascertainment Proceedings
- Discontinuation of proceedings due to negligible social harm
- Settlement in a Commercial Case
- Supreme Court Resolution in Line with the Expectations of the Firm’s Clients
- The Importance of Confirming Receipt of an Invoice by a Business Partner in the Debt Recovery Process
- Victory in the case of a commission agreement
- Bailiff’s Enforcement: When Your Home Becomes a Bargaining Chip
- Polish Citizenship Upon Emigration in 1907
- Successful appeal and change of the decision of the District Military Medical Board
- Complaint for declaration of illegality in cases concerning contacts with a minor
- Final judgment in divorce proceedings
- A gentle divorce – is it possible?
- Winning an employment legal dispute with the Bank
- Discontinuation of criminal proceedings
- Victory in a case for payment of a contractual penalty
- Change of name and surname
- Victory before the Supreme Court
- Entrepreneur as a consumer
- Child’s representative – basic information
- Deprivation of the right to sickness benefit
- Assessment of the degree of disability
- Birth certificate problems
- Subject of activity with CEIDG and consumer status
- Purported body of a legal person
- A win for an IT employee
- The Minister accepts the arguments of our Law Firm: a breakthrough in matters of confirmation of Polish citizenship
- Transfer of ownership of the apartment as security
- Won a disability case
- Defense in a criminal case of abuse
- Winning against the Provincial Disability Assessment Team
- Family law cases
- THE CONCEPT OF „DEFECTS” INTRODUCED BY THE AMENDMENT OF THE CIVIL CODE
- Discontinuation of the criminal case against the soldier
- Polish passports for descendants of Polish immigrants
- Regaining Polish citizenship after 100 years.
- Conditional discontinuance of proceedings in the case under Art. 178a par. 1 of the Penal Code
- Death of the heir during the division of the estate
- Effective representation in divorce proceedings
- Acquittal of an officer of the Polish Army
- Withdrawal of the appeal by the Prosecutor
- Reconstruction of the birth certificate
- Recovery of seized real estate
- Housing benefits and housing severance pay
- A acquittal in a road accident case
- Defense of the school principal
- Win in several proceedings against a telecommunications company
- Win against PKP Cargo
- Favorable judgment in a case for the protection of personal rights
- Favorable judgment in a case for the protection of personal rights
- Conditional redemption
- Success in the case of contacts
- Win with the Military Property Agency
- Economic case won
- Online sales fraud
- Closed case for a reserved share
- Our clients received Polish passports.
- Defense of a foreigner in a case of bullying
- Documents on Polish citizenship
- Malawi Birth Certificate Registration
- Effective defense against insults and defamation
- We have recovered over 30,000 PLN for our client
- Successful negotiation on inheritance.
- Discontinuation of preparatory proceedings
- We use consensual procedures in criminal proceedings
- Coronavirus pandemic
- Car recovery
- Effective defense in a criminal case
- The amendment to the Criminal Code, which entered into force on March 31, 2020.
- Defense of a professional soldier in WIELKOPOLSKA
- Help for disciplinary dismissal
- The amount of the deposit in the sales contract
- Settlement of a long-standing dispute
- Nursing homes and senior homes and their responsibility in connection with the COVID-19 epidemic
- Mandates during an epidemic
- The case of the dismissed teacher won
- Criminal liability and coronavirus infection
- Coronavirus – legal advice
- Win before the Provincial Administrative Court – a special allowance for a professional soldier
- Registration of foreign adoption at the registry office
- Positive conclusion – driving under the influence of alcohol
- A positive decision to restore Polish citizenship
- Favorable tax changes for heirs
- Divisibility of claims after opening the inheritance.
- Parents bring an action for the child
- The overthrow of disinheritance
- Funds on the sub-account at ZUS in the event of divorce
- Sale of shares in a limited liability company without the consent of the wife
- How to divide property after a divorce – a new ruling of the Supreme Court
- No compensation for betrayal of marriage
- Project Akademia Paragrafu
- The legitime is paid also by the heirs of the recipients.
- Business trip of professional drivers – judgment of the Constitutional Tribunal
- Administrative penalties
- Scientific conference „License for security”
- The legal situation of citizens after the British appearance from the European Union
- Mobbing at universities