French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Advertising
Chapter 1: Unfair commercial practices
Section 1: Abuse of weakness
Section 2: Sales with bonuses
Section 3: Tied sales
Section 4: Forced sales
I: General principle of prohibition of lotteries
A: Legal regime
B: Criteria of lawfulness
1°: Reference consumer
2°: Successive modifications of the sanctions provided for in Article L. 121-20
3°: Criminal sanctions
ii): Contractual liability
iii): Quasi-contractual liability
iv): Action by consumer associations
b): Liability of bailiff
Title 3: Regulated commercial practices
Part 2: Sale
Part 3: After Sale
265. Tort liability
1 minute de lecture
Case law has long favored the mechanism of tort liability to punish the unfair practices of the organizers of advertising lotteries. A priori, this choice seemed the most natural, given the links between the organizer of the advertising game and the recipient consumers. The use of contractual liability is in fact artificial in that it is difficult to conceive that the organizer of the lottery has …
