Contrat law and Tort law
Everybody is submitted to moral or religious, social or political or economic duties… which do not deal with the law. Legal duties however are generated from these society’s expectations regarding proper and improper interpersonal conduct and have to be respected wherever they come from contract law or tort law.
« Agreements lawfully entered into take the place of the law for those who have made them » (art. 1134 Civil Code).
A promise becomes an enforceable contract when there is an offer by one party that is accepted by the other party with the exchange of sufficient consideration. For the promise becomes an enforceable contract, the party must also agree on the essential terms of the contract (such price and subject matter).
Legal enforceability is a guarantee to encourage business life in a climate of trust. When there has been a breach of contract, the non-breaching party can seek remedies available under the law. Most remedies involve money damages but non-monetary relief is also available in some cases.
French law is nowadays often submitted to European Law, especially to regulations – which do not need any transposition in French system to be enforceable – and directives. So are such matters as tourism law (e.g. common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights) and consumer law (“Member States shall ensure that, in the interests of consumers and of competitors, adequate and effective means exist to present the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers” Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts).
Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, gives you legal advice and would be delighted to plead the case in court.
« Any act whatever of man, which causes damage to another, obliges the one by whose fault it occurred, to compensate it. » (art. 1382 Civil Code).
The fundamental purpose of tort law is to compensate an injured person or a party whose rights have been invaded.
Insurance mechanisms might reduce the weight of the remedies. Indeed some insurance mechanisms are compulsory such as professional indemnity insurance which applies when a medical accident happens or car insurance which applies when a car crash happens.
However, even if insurance is compulsory, refunding depends on the category of wrong :
Intentional torts, i.e. wrongs that wrongdoers intend to commit => often no refunding.
Negligent torts, i.e. unintentional wrongs that breach a duty to an individual.
Strict liability, i.e. liability imposed without fault.
Some parts of French tort law come directly from European regulations. For example, European legislation protects consumers against damage caused by defective products. Injured persons can therefore seek compensation with regard to products put into circulation in the internal market (Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products).
Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, advises you to collect all the documents you need to get compensation for all your physical, mental, economic damages (past, present and future). The idea is the plaintiff should be placed in the same position (s)he would have occupied if the wrong had not occurred. Court-ordered appraisal and litigation are an integral part of Mrs. Rousset’s work.
On the contrary, Mrs. Elisabeth ROUSSET defends the author of an accident against claims to ensure that (s)he is not charged to repair damage that is not its responsibility under any circumstances. Because “Injustice anywhere is a threat to justice everywhere”, Martin Luther King.Contact >