Velallisen sopimusrikkomusta koskevan tiedon vaikutus reklamaatiovelvollisuuteen
Avainsanat:sopimusoikeus, reklamaatio, sopimusrikkomus
The effect of a debtor’s awareness of a contract breach on a creditor’s duty to give notice
When a breach of contract occurs, the aggrieved party (creditor) is usually obliged to give notice of the breach to the breaching party (debtor) within a reasonable time. If the creditor neglects this duty, they lose their right to claim remedies for breach of contract.
Sometimes the debtor is aware of a breach even without notification. The article examines the question of how the debtor’s knowledge of the breach affects the creditor’s duty to give notice.
The author’s conclusion is that the debtor’s knowledge as such does not usually exempt the creditor from the duty to give notice. However, the debtor’s knowledge, together with other facts, can give reason to consider the debtor’s conduct reprehensible in such a way that the creditor may invoke a breach of contract despite the neglect of the duty to give notice. The debtor’s conduct can be considered reprehensible, for example, when a seller has deliberately concealed defects from the buyer. In other cases, the debtor’s knowledge of the breach can affect the assessment of whether the notice was given within a reasonable time and whether the content of the notification was sufficient.