French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Before the reform of contract law, Article 1110 of the Civil Code provided that only a mistake concerning the substance of the subject matter of the contract could vitiate consent and cause the contract to be declared null and void. The error of law  and of fact , which rarely meet, could fall under this provision. However, mistake as to value and mistake as to motivation were, in principle, immaterial, unless they originated from a mistake as to the substance or gave rise to such a mistake . The rules governing those mistakes are now found in Article 1135 and 1136 of the Civil Code.

 Under the adage “Ignorance of the law is no defense” ("Nul n'est censé ignorer la loi")

 For an example of error of law resulting in an error of fact, relating to the subject matter of the agreement, sanctioned under former Article 1110 of the Civil Code, see CA Colmar, 13 July 1993, LawLex201400000633JBJ; for an example of error of fact or of law (or both at the same time) vitiating consent, under former Article 1110, see CA Papeete, 11 May 2006, LawLex201400000632JBJ.

 CA Riom, 28 January 1980, LawLex200500006435JBJ, upheld by Cass. 1re civ., 14 October 1981, LawLex200500006002JBJ.

364. Immaterial mistake