breach

When one party breaches a contract by not fulfilling their promise, the other party usually has grounds to sue them for damages.  A successful lawsuit will compel a court to award a monetary value that is determined to be equal to the amount of damage the non-breaching party has sustained. The monetary amount of these damage awards can be very subjective and will vary from case to case since wide discretion is given to the judge. The law regarding risk of loss in Japanese contracts may not be the same as the laws of other countries, so it is important […]

The term “force majeure” comes from French and means “superior force.”  As a legal term, it refers to an unpredictable and extraordinary event that prevents the competition of a contract.  Due to the extreme and unpredictable nature of force majeure events, a force majeure clause is often used in business agreements to relieve both parties of liability for non-performance of the contract during a force majeure event.  In many cases, performance of the contract must be resumed after the force majeure event has ended.

Like many countries around the world, Japan maintains a system of notaries to certify documents and notarize signatures.  The Ministry of Justice in Japan overseas the appointment and regulation of notaries in Japan, many of whom are former judges or prosecutors.  In Japan, notaries most often are asked to attest to a private deed or prepare a notary deed upon request based on facts or legal rights.

Unfortunately, not every contract is completed as promised. Business partners find better deals or decide that they no longer want to perform their obligations. When one side breaks his or her promise a “breach of the contract” occurs and usually the other party can sue them in court to recover their damages. However, Japanese law, like most developed contract law around the world, makes a distinction for parties that didn’t keep their promise because it became impossible to keep.