Common use of Introduction Clause in Contracts

Introduction. Small and scattered damage is a form of large-scale damage in which the individual damage is so minor that a cost-benefit analysis shows that it is not worth redressing this damage individually, but where the cumulative collective damage nonetheless represents a considerable interest. In practice, aggrieved parties generally do not (or barely) seek redress for small and scattered damage and this can lead to a wrongful advantage for the party causing the damage. The current debate at a Dutch and European level on the possibilities for redressing large-scale damage collectively also touches upon the possibilities to act against small and scattered damage. This has given the Ministry of Economic Affairs cause to commission a study into the following questions: 1. What is the current volume of small and scattered damage, what examples exist in practice and whether, and if yes, how, has it been attempted to redress this damage? 2. In what manner can buyers effectively and efficiently enforce their rights? In this report we present our investigation into these questions. In order to somewhat delineate the scope of the study we have limited our topic to small and scattered damage resulting from violations of consumer or competition rules. To answer the first question this report uses qualitative information in an attempt to provide insight into the extent of the problem and more in particular into the question whether the existence of small and scattered damage is experienced as a problem by the organisations, authorities and persons involved. To answer the second question we have taken stock of the possibilities for acting more effectively against small and scattered damage.