Doing Business in the Netherlands 2012 - American Chamber of ...

goods. This act is aimed especially at protecting (further) distribution
of unsafe goods. Any obligation to launch a product recall is based on
the Consumer Goods Act.
23.3.4 Other Strict Liability
Other types of non-contractual liability based on strict liability are,
inter alia, the liability for a wrongful act of one’s employees, one’s
subcontractors and one’s representatives. Another example of strict
liability is that the owner of a moveable defective object is, under
certain conditions, liable for the damage caused by that object.
Liability for some forms of environmental damage is also based on
strict liability.
23.4 Compensation
The sections of the Code that govern compensation apply to both
contractual and non-contractual liabilities.
23.4.1 Types of Damage
The Code provides that two types of damage may be compensated: (i)
financial loss (vermogensschade); and (ii) other disadvantages (ander
nadeel).
Financial loss includes both losses suffered and profits lost. Financial
losses also include reasonable cost made in order to avoid or limit
one’s damages, reasonable cost made in order to establish the
damages and the liability and reasonable cost made in order to collect
one’s damages out of court. By the term “other disadvantages,”
immaterial or emotional damage is meant. This damage will be
compensated only in as far as the law provides for a legal basis for
such compensation. A legal basis for compensation exists, for
instance, in case of (a) intentional damage or (b) personal injury or
damage to the injured party’s reputation.
Dutch law does in principle not distinguish between direct damages
and consequential damages. All damage suffered must in principle be
252 Baker & McKenzie