ALERTS: SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS

Liability: The Court of cassation reminds the significance of the principle of non-cumulation between responsibility and condemns the jurisprudence of the Court of appeal of Paris under article L. 442-6, I, 5° C. com. (Commissaires-priseurs Multimédia-CPM /Hôtels des Ventes-Martin-Bailly et associés)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of 24 October 2018 will delight practitioners, too often confronted with the inadmissibility of their claims before the Paris Court of Appeal, on the sole ground that they were aimed cumulatively at the contractual and tortious liability of the contracting party responsible for a wrongful breach of contract and brutal breach of the relationship. The Court of Appeal thus considered that when they target the same wrongful act and are not ranked in a hierarchy, the two claims are "declared inadmissible in application of the rule of non-cumulation of tortious and contractual liability" (see our critical observations not. in Lettre distr. February

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Clémence Mouly-Guillemaud, Liability: The Court of cassation reminds the significance of the principle of non-cumulation between responsibility and condemns the jurisprudence of the Court of appeal of Paris under article L. 442-6, I, 5° C. com. (Commissaires-priseurs Multimédia-CPM /Hôtels des Ventes-Martin-Bailly et associés), 30 November 2018, Concurrences N° 1-2019, Art. N° 89124, www.concurrences.com

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