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As soon as damage is caused by the non-performance of a contractual obligation, the action for damages brought by the creditor of this obligation is necessarily based on the law of contractual liability. Incurs, therefore, the cassation the judgment which, to repair the consequences of bodily injury suffered by a minor due to the non-performance of a contractual security obligation, applies not article 1147 of the civil code but the article 1384, paragraph 1, of this code.
A cardinal rule of civil liability , the principle of “non-accumulation” of contractual and tort liability means that the contracting party who is the victim of the non-performance of a contractual obligation can neither choose nor mix the legal basis for the action for damages. its damage.
It is the whole point of this judgment to recall this elementary, but also constant, rule.
Grégory DAMY , Lawyer Nice
