Defences to tortious and contractual liability in French law
<strong>Extract:</strong> This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to...
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| Format: | Book section |
| Language: | English |
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Hart Publishing
2019
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| Summary: | <strong>Extract:</strong> This chapter is in two sections. Section I examines general issues surrounding defences in French tort and contract law, comparing the position to that in English law. Section IA considers the meaning of the term ‘defence’, and identifies a number of concepts to which the term refers. The focus of the chapter is upon facts which defeat liability even if the elements of a rule are satisfied (‘the externalist definition’) and, to the extent they differ, facts which defeat or restrict liability, which are for the defendant to prove (‘the proof-based definition’) . Section IB shows that both English law and French law contain defences in these senses. Section IC considers whether the concept of a defence is recognised as part of the law or as an organising... |
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