Chapter

<i>Droit Privé</i>: Liability for the Provision of Services Involving Products

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0005
Droit Privé: Liability for the Provision of Services Involving Products

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This chapter looks at how French private law governs the liabilities of a number of other categories of person for products which are involved in the provision of a service in a very broad sense. This involvement may consist of the transfer of a product from one person to another, as where goods are provided as part of the provision of a wider service, as in a restaurant meal, building a house, or hiring a boat; while sometimes the product is the subject matter of the service in a different sense, as in the case of the designer of a car, or the consultant surveyor of a new building. In French law, all the cases treated here find a common basis in the contrat de louage (‘hire’ in a very general sense), which, following its Romanist origins, then divides into the hire of things (louage des choses, whether these are movable or immovable); the hire of services (contrat de louage d’ouvrage, but now more frequently contrat d’enterprise); and contracts of employment (louage de service, now termed contrat de travail). The chapter considers examples of the first two, the present discussion being restricted to private law; it looks later at the law governing the provision of public services (whether this law is private or administrative). Very little of the private law governing liability of the provider of a service stems from the Civil Code as originally drafted, but rather reflects modern legislative and judicial developments.

Keywords: private law; liability law; service provision; construction; services

Chapter.  8952 words. 

Subjects: Comparative Law

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