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Cour de Cassation — Tort Law — Concurrence of contractual and delictual actions

Date Citation Note
28.11.2001 Bull. Civ. 2001 III no. 137 p. 10600-13.559 Case SA Haironville v. A.M. Prudence

Subsequent developments
05.01.1999 Bull. Civ. I, no. 6, p. 3 Case Transports Norbert Dentressangle v. Thermo King

Subsequent developments
The manufacturer who gives a guarantee to a remote purchaser does not thereby enter into a contract of sale subject to the Vienna Convention.
17.01.1995 D.1995, 350 Case SA Planet Wattohm v. CPAM de Morbihan

Subsequent developments
When a defective hoop injured a child, the school was liable in contract for providing it to play with and the manufacturer was liable in delict for selling a dangerous thing, though neither was shown to be at fault
12.07.1991 D. 1991, 549 Case Besse v. Protois

Subsequent developments
A claim by a creditor against his debtor’s debtor is not contractual: there must be a contract between the parties to the litigation: so held in a claim by site-owner against plumbing sub-contractor.
07.02.1986 Bull. Civ. 1986 Ass. No. 2 p. 2 (83-14.631) Case SA Produits Céramiques de l’Anjou v. SCI Asnières Normanie

Subsequent developments
11.01.1922 DP 1922. 1. 16 Case Pelletier v. Doderet

Subsequent developments
Non cumul des deux ordres de responsabilité