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Under French law, the purpose of civil liability is to compensate for damage caused to others and to restore the victim to the situation they were in before the damage occurred.
Le Tutour Avocats acts on behalf of its clients in matters of tort, contract, fault and no-fault liability.
What are the mechanisms of French civil liability law?
The standard conditions for the application of civil liability
In principle, the application of French civil liability regimes requires three conditions to be met:
- A fault, corresponding to negligent, reckless or unlawful behaviour in breach of legal, regulatory or contractual obligations, or a mere fact causing a loss.
- Damage, which must be certain and direct, whether material or physical.
- A causal link between the fault, or the damaging act, and the damage suffered.
When these conditions are met, the person responsible for the fault or the damaging act, that caused damage directly related to the fault may be held liable and required to compensate the victim.
Contractual and tortious liability
There are two main types of liability:
- Contractual liability, which punishes the non-performance or poor performance of a contract (for example, a supplier who does not deliver the goods ordered).
- Tortious (or extra-contractual) liability, which applies outside of any contract, when a person causes damage to another.
Liability for fault and no fault
In principle, civil liability requires proof of fault on the part of the person who caused the damage. However, there are situations where the victim does not have to prove the fault of the person who caused the damage. This is particularly the case with liability for defective products or property, compensation for traffic accidents, etc.
Support from Le Tutour Avocats
Choosing and coordinating these liability regimes can be complex. Le Tutour Solicitors can help you identify the relevant legal basis and assess the adequate procedural strategy. adéquate.