JULY 2022

An Attorney-at-Law of Vilnius Law Firm SPES defended the client’s interests in a dispute regarding compensation for losses upon conclusion of a replacement contract.
 
The client was sued for alleged losses due to non-fulfilment of the contract, as a result of which the claimant had to enter into a replacement contract. An Attorney-at-Law of the Firm proved to the Court that there was no contract concluded between the client and the claimant, he did not accept the order submitted by the claimant, and the negotiations between the parties cannot be recognized as the conclusion of a contract.
 
The court that examined the case explained that the following conditions are necessary to obtain the right to compensation for losses caused by the conclusion of a replacement contract: 1) the aggrieved party must terminate the original contract; 2) this contract must be terminated due to a breach (failure) by the other party; 3) the aggrieved party must enter into a replacement contract with the third party; 4) the replacement contract must be concluded within a reasonable time. Under all of these conditions, the injured party can demand the price difference between the original and replacement contract and compensation for other subsequent losses from the original contractor (the party that breached the contract).
 
The Court recognized that the claimant did not prove compensation for losses due to the totality of the conditions of the conclusion of the replacement contract (Article 6.258 of the Civil Code), i. e., stated that the claimant did not conclude the contract with the Firm’s client and thus did not terminate it, therefore the Court did not recognize the contract concluded with the third party as a replacement and recognized the claim for compensation as unfounded.

  • JUNE 2022

    An Attorney-at-Law of Vilnius Law Firm SPES successfully represented and defended the interests of client - ex-spouse of the head of the bankrupt company - in litigation with the insolvency administrator of a bankrupt company, who claimed that the client’s real estate purchase transaction was fraudulent because of the subject and sought to direct the debt...

  • MAY 2022

    An Attorney-at-Law of Vilnius Law Firm SPES successfully represented and defended the client’s interests in the Supreme Court of Lithuania. The Court of Cassation put an end to the dispute between UAB “Ecoservice” and one of the regional waste management centres. The Court clarified the supplier’s interest in disputing the amount of fund...

  • APRIL 2022

    The Court ruled on the tenant's obligation to pay rent during the quarantine period. The team of Vilnius Law Firm SPES defended the interests of the client - the company operating the shopping centre - in a dispute with the tenant who evaded the payment of rent and marketing tax. The tenant of the premises argued that it should be exempted from paying the ...

  • FEBRUARY 2022

    The team of Vilnius Law Firm SPES represented the client in the acquisition of one of the largest shopping centres in Northern Lithuania - 18.500 sq. m. area Panevėžys shopping and entertainment centre “Babilonas”. We are happy with the client development and the opportunity to contribute to their success. More information about the transaction:http...

  • JANUARY 2022

    The cost of action by a disloyal leader is the award of all wrongly earned funds. The Kaunas Regional Court has examined the dispute between the Lithuanian Powerlifting Federation and its former President. The Federation applied to the Court by questioning the honesty and loyalty of the former President in organising the European Powerlifting Championships...

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