Double violations: special duties of care and public law obligations

On 2 September 2016, the Dutch Supreme Court limited the ability of financial institutions to invoke the contributory negligence-defense (“eigen-schuld-verweer“) when they have not only neglected a special duty of care towards their counterparty under Dutch civil law but have also violated an obligation under Dutch public law (ECLI:NL:HR:2016:2012 and ECLI:NL:HR:2016:2015). Double duties under Dutch law In the Netherlands, as … Read more