Consumer law, sale of living animals, conformity rules, liability regime, domestic animals, consumer protection, emotional attachment, repair and replacement
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Abstract
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Abstract
Analysis of the application of consumer law to the sale of domestic animals and the implications for the liability regime of professional sellers.
Extract
[...] - Introduction and detailed plan « Animals are living beings endowed with sensitivity. » This provision of Article 515-14 of the Civil Code enshrines the singularity of the animal, which, although still assimilated to property, escapes the strict logic of inanimate things. By elevating the sensitivity of animals to a legal principle, the legislator marked a significant evolution in the law, thus initiating a reflection on the treatment reserved for animals in various branches of law, particularly consumer law. However, the application of rules on conformity and warranty for hidden defects, which mainly target tangible movable property, encounters difficulties when dealing with living beings for whom the traditional approach seems inadequate. [...]
[...] Unlike an ordinary good, an animal cannot be replaced by another because it carries a unique affection relationship with its owner. II. The consequences of the ruling on the liability regime of the seller: a reinforcement of consumer protection. A. The presumption of non-conformity: an inverted burden of proof in favor of the buyer. The automatic recognition of the presumption at the time of sale: a principle of favor for the consumer.1. The impossibility for the seller to prove the absence of knowledge of the defect: a difficult burden to overcome.2. [...]
[...] The question posed to the Court of Cassation was whether the provisions of Article L. 211-9 of the Consumer Code applied to the sale of domestic animals, and, if so, whether the singularity of the animal could justify a derogation from the principle of replacement. The trial court had estimated that the animal, as a living being, irreplaceable and receptive to a particular affection, could not be treated as an ordinary good that could be replaced. By confirming this position, the Court of Cassation took a decisive step towards a more nuanced approach to consumer law, taking into account the particular nature of the animal in evaluating the modalities of repair. [...]
[...] The confrontation of consumer law with the specifics of sales of living animals: a legal framework to redefine A. The challenges posed by the extension of conformity rules to the sales of living beings Consumer's choice within the framework: between repair and replacement, a restricted freedom. The strict application of Article L. 211-9, paragraph 2 of the Consumer Code poses a problem when it comes to a living animal, whose value cannot be reduced to economic criteria. The inadaptation of classical rules of property law to living beings: towards a new approach. [...]
[...] The repair of the damage: a broad indemnification extending beyond the material. From material damage to emotional damage: a comprehensive approach to repair (Cass. Civ. 1ère June 2012, n°11-19.104). The case in question shows that the repair of material damage can include the necessary expenses to treat the animal and alleviate its health problems. Compensation for moral damage: a recognition of the emotional dimension of the dispute. This decision marks an evolution in recognizing the emotional impact suffered by the owner in the event of an animal defect. [...]
