Business Contracts

Initially developed by the courts in the context of transport contracts, the safety obligation, which originated in the case law, has now been extended to the contract for services. According to the courts, a supplier and fitter of equipment , a garage mechanic , a doctor , a hotelier , the manager of a beauty salon , a car park  or a treetop activity course , or the organizer of sports and leisur …

Content of obligation

Initially developed by the courts in the context of transport contracts, the safety obligation, which originated in the case law, has now been extended to the contract for services. According to the courts, a supplier and fitter of equipment , a garage mechanic , a doctor , a hotelier , the manager of a beauty salon , a car park  or a treetop activity course , or the organizer of sports and leisure activities  or travel  are all bound by a duty of safety. The safety obligation has taken on even greater importance since it became enshrined in Article L. 421-3 of the Consumer Code, which stipulates that “products and services must, under normal conditions of use or other conditions reasonably foreseeable by the professional, be as safe as can legitimately be expected, and must not endanger the health of persons”.

The scope of the safety obligation varies according to the diversity of contracts for services. For example, it is the restaurant owner's responsibility to ensure that the layout, organization and operation of his establishment comply with the rules of caution and supervision required for the safety of customers . A hairdresser who uses straightening products has a duty to ensure the physical safety of his or her customers . The operator of an automatic carwash is bound by a results-based obligation as well as a safety obligation, insofar as customers must be able to use a machine equipped with the necessary safety systems to avoid any harmful consequences resulting from any predictable missteps on their part . The contract between the participant in a paragliding course and the professional organizing it imposes a safety obligation on the latter with regard to the equipment used to provide the service . On the other hand, it has been ruled that the role of technical auto inspection centers is limited, in view of the provisions governing them, to detecting faults at defined points. Consequently, they cannot be held responsible under their safety obligation for failing to seek explanations from the manufacturer and the central automotive body UTAC concerning the technical standard which would enable the vehicle examined to be brought into conformity .

CA Riom, 25 April 2018, LawLex201800000644JBJ, for a pool canopy.

Cass. 1re civ, 9 June 1993, LawLex202200003852JBJ.

Cass. 1re civ, 14 March 1995, LawLex202200009993JBJ.

CA Reims, 26 July 2005, LawLex202200008890JBJ.

Cass. 1re civ, 11 January 2017, LawLex201700000329JBJ.

Cass. 1re civ, 21 June 2005, LawLex202200003853JBJ.

Cass. 1re civ. 22 November 2007, LawLex201700002114JBJ.

CA Chambéry, 4 October 2018, LawLex201800001469JBJ.

CA Montpellier, 23 March 2010, LawLex201300000917JBJ.

Cass. 1re civ, 25 November 2015, LawLex201600000613JBJ.

CA Chambéry, 9 December 2021, LawLex202100006274JBJ.

CA Montpellier, 21 January 2020, LawLex202000000111JBJ.

CA Versailles, 27 October 2016, LawLex201600001833JBJ.

Business Contracts

307. Content of obligation

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

307. Content of obligation

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise