Country:
France
Court:
Cour de cassation, 1re civ., 20 March 1989, pourvoi n° 87-16.011; Bull. civ. I, 1989, nº 137, p. 90
Topics:
Liability of the supplier
Contractual liability
Articles:
Facts:
A TV set manufactured by Thomson-Brandt exploded causing damage to the apartment in which it was located, as well as to the building as a whole. The TV set owner's insurer brought an action by way of subrogation against Thomson-Brandt. The co-proprietors of the building also brought an action against Thomson-Brandt.
Legal questions:
(1) What is needed to establish the manufacturer's liability?
(2) On what basis can the manufacturer be liable to third parties (here: the co-prorietors)?
Decisions:
(1) The manufacturer is bound "to supply products exempt of any defect of production capable of creating a danger for individuals or property".
(2) The Court of Appeal violated art. 1147 by declaring that the manufacturer had failed to perform its contractual obligations, since no such obligations existed between them and the co-proprietors. Instead the obligation should have been decided as arising on the basis of art. 1384 (tort law).
Comments:
(1) This decision illustrates that sellers and manufacturers are subject to a potent obligation de sécurité. Products must be delivered which are free from any defects likely to cause harm to people or goods.' (strict liability):
