ALERTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS - LIABILITY

Sudden break: The Court of cassation agrees with a raise of article L. 442-6, I, 5° C. com. (Aliantis / Automobile Carrosserie de Bagneux)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. An apparent duplicate. Because the provisions of article L. 442-1, II (formerly article L. 442-6, I, 5°) of the Commercial Code sanction by extra-contractual liability the breach without sufficient foresight of a commercial relationship which itself is based on a contract whose content, if not the supplementary rules, is potentially also unknown by that same breach, claims for reparation become entangled in the liability regimes. Two adverse effects are fuelling a major dispute. On the one hand, the claims for compensation invoking both tort and contract were for a time confronted with an improbable reading of the principle of non-cumulation of liability

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Clémence Mouly-Guillemaud, Sudden break: The Court of cassation agrees with a raise of article L. 442-6, I, 5° C. com. (Aliantis / Automobile Carrosserie de Bagneux), 6 November 2019, Concurrences N° 1-2020, Art. N° 93167, www.concurrences.com

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