Court of Cassation Judgments on Contract Law

Extract

[...] This ruling consecrates the binding force of the contract and the refusal of the theory of'imprévision in classical civil law. 3. Cass., com nov (commercial agent) The parties to a contract must respect a duty of loyalty and the mandator must allow the agent to'agent'execute his mandate. The judge must verify if the mandator has taken the necessary measures to allow the'execution of the contract. 4. Cass., 3rd civ March 2009 The judge cannot modify the modalities of'execution of the contract by substituting a new obligation not provided for by the parties. [...]

[...] The recipient returns this document, but does not receive any gain or response from the company. The consumer assigns the company to deliver the announced gain, or in the alternative as payment of damages. An association of consumers also intervenes to obtain compensation for the damage suffered by l'collective interest of consumers. The Court of'The Court of Appeal grants limited compensation to the consumer and a symbolic amount to l'association. An appeal is lodged. The Court of Cassation is led to relever d'office a means of pure right relating to the legal qualification of the'operation. [...]

[...] Document 3 - Cass. civ. 3e January 2016 In l'espis a propriis a proprietor who concluded in 1992 a synallagmatic sale promise regarding a plot described as a lot « d'approximately 700 to 900 m² », the exact surface to be determinede ultpreviously. L'the buyer paid several sums to the seller. Subsequently, he gave the property to his daughters. L'acqudefaulter then assigned the seller and his heirsères in order to'to obtain the reiteration of the sale in its authentic form. [...]

[...] The Court of Cassation partially overturned the'the judgment of'appeal, under the provisions of articles 1109 and 1110 of the old Civil Code. It relatesisthat the Court of'appeal had noted that the'error was on the'the very object of the sale, thus preventing the meeting of the wills. However, such an error constitutes an obstacle error leading to the nullity of the contract, even if it is inexcusable. By refusing to pronounce nullity for this reason, the judges of the first instance have violated the aforementioned texts. [...]

[...] These clauses continue to produce an effect to enclose the'indemnification of the consequences of the'inexécution. 4°) Civ. 1st April 2001 When several contracts are interdependent and indivisible, the termination of the'an triggers that of the others, even without proper non-performance of each.'indivisibilitymay result from the nature of the contracts or the will of the parties. Contractual liability and compensation 5°) Civ. 1st March 2014 A contractual breach (here by the notary) does not'engage the liability that should'there is a certain causal link with the damage suffered. [...]