Assistance with legal questions regarding contract issues

Questioner

As an entrepreneur, I have terminated my cooperation with a supplier because I cannot meet the purchase requirements set by the entrepreneur. Subsequently, after some correspondence, the other party has made a settlement proposal to terminate the contract, which I have accepted in terms of calculation method, but there are calculation errors in their calculation. I have explained the calculation in my acceptance and indicated what the corrected amount is. The other party does not agree with this and threatens legal action. Can the other party just do this, and what legal action should I expect?

Lawyer

I understand from your story that you have agreed with the other party to stop the cooperation between the two of you and that the other party would like to see some kind of compensation for this (after all, you cannot comply with the agreement)? I cannot judge the latter based on your story alone, but you yourself indicate that you agreed to a settlement proposal, which later turned out to contain a calculation error. The other party now does not agree with your counter-proposal and can summon you (if you are in default or compliance is really permanently impossible) for compensation. Incidentally, the law prescribes that you must first be put in default and that litigation costs a lot of money and also entails just as much risk for the other party. The question is therefore always whether it is only a threat or whether he will actually take legal action.... In order to give specific advice, it is advisable that you submit documents. My advice in principle is to enter into conclave with this party again in order to reach an amicable resolution (I don't know how much your counteroffer deviates from the original settlement proposal?).

Questioner

The proposal was made by the other party, and consisted of a description of the proposal with the amounts. However, the amounts did not follow the described calculation method. In my answer that I accept the settlement proposal of the calculation method, I explained that the calculation method does not correspond with the amounts mentioned and, according to the method proposed by the other party, I made the calculation on which settlement amount is arrived at. Providing documents is no problem, but of course not publicly available due to privacy. How can I send these to you?

Lawyer

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Lawyer

Contracting = interpreting. If the proposal contains a calculation method, you can hold the other party to it. If it was a proposal with an x-amount below the line, the calculation method is an explanation that cannot be accepted in place of the x-amount below the line. In most cases, I resolve these types of cases after a few letters back and forth with the parties at the table. I then put the arrangement on paper with signatures on the spot. Such a solution often prevents expensive litigation and prevents uncertainty about the outcome.