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Civil Law

Published at 01 August 2014
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Category : Civil Law
E-newsletter: August 2014
In a decision rendered on July 2, 2014, the First Civil Chamber of the Cour de Cassation (French Supreme Court) confirmed its position and reaffirmed the principle according to which “the perpetrator of a damage must remedy all the consequences and the injured party is under no obligation to mitigate his/her loss in the interests of the tortfeasor“, including when the loss is economic in nature. The Cour de Cassation thus opposes the majority of French legal writers who, for many years, have been urging French lawmakers and courts to adopt the so-called “duty to mitigate damages” Anglo-American concept.
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