Author: admin

  • By - admin

Case law update for civil actions concerning acts of terrorism

Case law update for civil actions concerning acts of terrorism In four rulings, the Criminal Division has clarified its case law on civil actions relating to terrorism. Cass. crim., 15 February 2022, 4 rulings, no. 21-80.264 // no. 21-80.265 // no. 21-80.670 // no. 19-82.651 These rulings make it possible to determine that the injuries […]
  • By - admin

Compensation in kind

Compensation in kind Compensation may be in kind or equivalent in the form of damages. In non-contractual matters, reparation in kind is less obvious than in contractual matters insofar as material damage is more common than personal injury. When the time comes to give judgment, and if both are sought and the claims are contradictory, […]
  • By - admin

Legal update: Compensation claims and interest

Legal update: Compensation claims and interest Any litigant can see that when he or she takes a case to court, the justice system is overwhelmed by the number of cases it has to deal with. Also, the human resources allocated to the courts do not allow cases to be dealt with promptly. As a result, […]
  • By - admin

The jurisprudential principle of full compensation and its development

The jurisprudential principle of full compensation and its development In France, the principle for victims is full compensation for their loss. However, this principle has been built up gradually by case law. Cass. civ. 2, 28 October 1954, JCP, 1955 Cass. civ. 2, 16 December 1970, no. 69-12.617 Cass. civ. 2, 10 December 2015, no. […]
  • By - admin

Failure to monitor a healthcare establishment

Failure to monitor a healthcare establishment An important obligation of a healthcare establishment is its duty of supervision. A clinic is required to take the necessary measures to ensure patient safety. “Whereas, however, by virtue of the contract for hospitalisation and care binding it to its patient, a private healthcare establishment is required, inter alia, […]
  • By - admin

Liability in tort of private healthcare establishments

Liability in tort of private healthcare establishments In addition to the contractual liability of private healthcare establishments, these establishments may also be held liable in tort. In particular, in the event of a fall, they may be liable to third-party visitors: “Whereas, according to the statements in the confirmatory judgment, F., leaving the Geoffroy Saint-Hilaire […]
  • By - admin

The contractual liability of private healthcare establishments

The contractual liability of private healthcare establishments Private healthcare establishments are bound by numerous obligations of a contractual nature. “But whereas, firstly, by virtue of the contract for hospitalisation and care binding it to its patient, a private health establishment is required to provide the patient with qualified care, in particular by making available doctors […]
  • By - admin

The doctor’s contractual obligations

The doctor’s contractual obligations As we saw in our article on the Mercier decision, doctors are bound by genuine contractual obligations towards their patients. In practical terms, the doctor’s main obligations towards his patient include the following: – Make and establish a diagnosis. – Provide rigorous care, i.e. care that is conscientious, attentive and, above […]
  • By - admin

Establishment of the doctor’s liability: the “Mercier” judgment

Establishment of the doctor’s liability: the “Mercier” judgment Physician liability was established in 1936 with the “Mercier” ruling. This ruling laid the foundations of contractual medical liability. “A genuine contract is formed between the doctor and his client, involving an undertaking on the part of the practitioner […] to provide the client with care that […]