Contract law, CRFPA, case studies, contract formation, defect of consent, non-execution, delictual liability, force majeure, contractual breach, damages, Civil Code
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Abstract
Explore 4 practical case studies for CRFPA training in contract law, covering contract formation, non-execution, delictual liability, and force majeure.
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[...] The contract is nullanti rextensively. Mrs. Durand must return the painting and the seller return the price. She can also ask for damages and interest if she proves a prejudice. Case n°2 - Non-execution of the contract Mr. Lopez concludes a contract with a company for the complete renovationishe is taking him to court over his apartment. The work is poorly done and has many defects. The company refuses to intervene again. Can one characterize a contractual breach? What are the options available to the creditor in case of non-performance? [...]
[...] Bernard accidentally spills a glass of liquid on his friend's laptop, which becomes unusable. The latter wishes to be compensated. Are the conditions of delictual liability met? What legal basis can be invoked ? What principlewhat damage can be repaired ? Are the conditions of delictual liability met ? Yes, there is : A fault (the clumsiness) A damage (damaged computer) A causal link. What legal basis can be invoked ? Liability for fault provided by Article 1240 of the Civil Code. What partwhat damage can be repaired ? [...]
[...] CRFPA - 4 practical case studies for training in contract law CONTRACT LAW - CRFPA Case study n°1 - The formation of the contract and the defect of consent Mrs. Durand achisto a table aboveiss of an art gallery afterèthat the seller had told him thathe is'was an original work of a famous painterisbre. A few weeks later, she learns thatit'It is a worthless copy. She wants to cancel the contract. Mrs. Durand can she invoke a defect of consent? [...]
[...] The event can it bebe qualifiedis it force majeure ? Yes, an unpredictable, irresistible and external fire can constitute a case of force majeure (article 1218 of the Civil Code). What are the conditions of force majeure ? The event must be : Unpredictable at the time of contract conclusion, Irresistible in its execution, Extsenior to the debtor. What consequences for the debtor's liability? The debtor is exempt from liability. The obligation is suspended or the contract can be terminated if the impediment is definitive. [...]
