Business Contracts

The obligation to deliver goods in conformity laid down in Articles 1604 and 1615 of the Civil Code also includes a third component: the seller's obligation to provide information and advice when delivering the goods . Developed by case law by combining those provisions with Article 1602, paragraph 1, according to which the seller must clearly explain what he is obliged to do, this obligation to p …

Obligation to provide additional information.

The obligation to deliver goods in conformity laid down in Articles 1604 and 1615 of the Civil Code also includes a third component: the seller's obligation to provide information and advice when delivering the goods . Developed by case law by combining those provisions with Article 1602, paragraph 1, according to which the seller must clearly explain what he is obliged to do, this obligation to provide information, which is generally considered to be an ancillary part of the item, is incumbent only on professional sellers .

First and foremost, before entering into a contract, the professional purchaser is bound by an obligation to provide advice to the layman, and must obtain detailed information on the latter's needs and on the suitability of the proposed equipment for its intended use . The obligation to provide information covers not only the technical constraints of the item sold, but also the various administrative regulations in force, failure to comply with which would prevent the item from achieving its intended purpose . In such cases, the seller is obliged to warn the purchaser of the non-conformity of the thing to its intended use. For example, the seller of an air-conditioning system is obliged to inform purchasers of the noise pollution caused by this type of equipment, if the system is to be installed in the bedrooms of the purchaser's home . Secondly, during the performance of the contract, the seller is obliged to inform the buyer in a precise, clear and fair manner  of all information that is useful or indispensable for the use of the item sold . Moreover, the courts consider that when the use of the item requires an administrative authorization, the obligation to inform is even more stringent . However, the Court of Cassation considers that the seller's duty to provide “legal” information to the buyer is limited to his area of technical expertise .

The professional purchaser is obliged to provide information and advice, first and foremost to the lay purchaser. With regard to professional purchasers, the professional seller is only subject to this obligation insofar as the purchaser is acting outside his field of technical expertise .

Finally, Article 1602, paragraph 2, states that “any obscure or ambiguous agreement shall be construed against the seller”. As a result, a seller who fails to include detailed descriptive specifications for the items purchased renders the contract vague or ambiguous, and does not allow the buyer, when signing the purchase order, to know exactly the aesthetic quality of the product purchased, with the result that the buyer is entitled to refuse delivery of an aesthetically defective product that does not correspond to what was ordered . The agreement will be interpreted in favor of purchasers when the seller has not clearly indicated the characteristics, model and price of the vehicle he has committed to deliver .

Cass. civ. 1re, 9 April 2014, LawLex201400001895JBJ, holding that a court of appeal cannot hold that the incorrect indication that the sale relates to a “first hand” vehicle does not constitute a decisive element of the buyer's consent when it does not result from a fraudulent non-disclosure by the seller, without investigating whether the latter failed in his obligation to communicate to the buyer the relevant information available to him pursuant to Article 1602 of the Civil Code.

CA Riom, 5 January 2012, LawLex201300000616JBJ: when the seller and buyer are both non-professionals, the seller is not bound by a specific obligation to inform the buyer, as both are on an equal footing. 

CA Pau, 15 September 2010, LawLex201400001946JBJ.

Cass. 1re civ, 13 April 1999, LawLex200500008750JBJ,

Cass. civ. 1re, 30 May 2006, LawLex200600001457JBJ.

CA Reims, 28 March 2011, LawLex201300000663JBJ.

CA Angers, 4 December 2012, LawLex201300000614JBJ.

CA Paris, 8 November 2002, LawLex200800001482JBJ.

CA Amiens, 11 October 2012, LawLex201300000662JBJ.

Cass. 1re civ, 25 June 2002, LawLex200500005849JBJ, holding that a seller of a video surveillance system is not in breach of its obligation to inform when it fails to draw the attention of the purchasing undertaking to the incompatibility of its installation with the provisions of the Labor Code.

Cass. com, 21 November 2006, LawLex201300000500JBJ; CA Amiens, 11 October 2012, LawLex201300000662JBJ.

Business Contracts

174. Obligation to provide additional information.

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

174. Obligation to provide additional information.

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