Can I amend or cancel a contract afterwards?
June 12, 2022 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
My name is Felix Schreiber and I have a question regarding contract law. A few weeks ago, I entered into a contract for the delivery of goods, which is now causing unexpected problems for me. The contract stipulates that the delivery should be in a specific quantity and at a predetermined price. However, since the contract was signed, market conditions have significantly changed and the agreed price is no longer competitive. Furthermore, I have realized that the quantity of goods delivered exceeds my actual needs.
Due to these circumstances, I am now concerned about the possibility of amending or even canceling the contract. I want to avoid the contract leading to financial difficulties for me or being stuck with unused goods. Are there any legal options to adjust or terminate the contract? How should I proceed in this situation to protect my interests and minimize potential consequences?
Thank you in advance for your support and advice.
Sincerely,
Felix Schreiber
Dear Mr. Schreiber,
Thank you for your inquiry regarding the contract for the delivery of goods that is causing unexpected problems for you. It is understandable that you are concerned and looking for ways to protect your interests and avoid possible financial difficulties.
In your described situation, there are legal options available to amend or even cancel the contract retroactively. Firstly, it is important to check if the contract itself contains provisions for changes or termination. If so, you should carefully study these provisions and determine if and under what conditions contract adjustments or terminations are possible.
If the contract does not contain relevant provisions, it may be possible to amend or cancel the contract based on the statutory regulations of the German Civil Code (BGB). In particular, the provisions regarding the disruption of the basis of transaction (§ 313 BGB) or the adjustment of contracts in unforeseen circumstances (§ 242 BGB) could be relevant in your case. These regulations allow, under certain conditions, for the adjustment or termination of the contract if the circumstances have fundamentally changed since the conclusion of the contract, resulting in an unreasonable burden for one party.
To protect your interests and minimize potential consequences, I strongly recommend that you seek the advice of an experienced contract law attorney. An attorney can thoroughly examine your individual situation, explore legal options, and assist you in enforcing your rights. Together with your attorney, you can then decide on the best course of action to amend or terminate the contract and preserve your financial interests.
I hope this information is helpful to you and I am available for any further questions. Good luck in resolving your contractual matter.
Sincerely,
Gertrud Knorr
Attorney specializing in contract law
