Failure attributable? Clause Samples

Failure attributable?. The question of failure is separate from the question whether such failure can also be attributed to the debtor. The debtor may argue that the failure cannot be attributed to him, however, this is irrelevant for the question if failure has occurred at all. In order to terminate an agreement, the existence of failure in itself is sufficient (attributability is therefore not a requirement). If there is also attributable failure, the creditor is entitled to damages as well. The question is then what damages he is suffering due to the fact that the performance is not delivered. Take, for instance, the profit the manufacturer could have realised if he had sold machinery that would have been (but now is not) produced by him.