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

Maneuvers, i.e. dishonest acts that seek to mislead the contractual partner, imply a genuine intention on the part of the perpetrator to deceive or attempt to deceive the victim. Associated with concealment or a lie, they often seek to mask a false allegation or omission of the deceiver . Accordingly, in the view of the courts, presenting a sugar as brown cannot be seen as a mere question of inade …

Maneuvers

Maneuvers, i.e. dishonest acts that seek to mislead the contractual partner, imply a genuine intention on the part of the perpetrator to deceive or attempt to deceive the victim. Associated with concealment or a lie, they often seek to mask a false allegation or omission of the deceiver . Accordingly, in the view of the courts, presenting a sugar as brown cannot be seen as a mere question of inadequate labeling, when it is established that the sugar in question was designed for the purpose of obtaining the color specific to brown sugar .

Maneuvers also make it possible to accredit false information communicated to the buyer. Therefore, although selling a good at a price higher (or, more rarely) lower  than its value cannot, in itself, be considered as a means of deception, such a process may become so when it tends to mislead the contracting party as to the quality of the product sold. This is the case when a garage owner conceals from the buyer of a vehicle that it had been submerged during a flood, while asking for a price corresponding to its Argus rating  or when a breeder sells a simple cross-breed, presenting it as a poodle, at a price well below the value of this type of dog, from which the court was able to deduce that the professional was fully aware that the dog sold did not have the necessary characteristics .

 Cass. crim., 29 January 2002, LawLex200300003321JBJ.

  CA Paris, 2 April 2007, LawLex201200001432JBJ.

 CA Poitiers, 24 November 1992, LawLex200400001444JBJ.

 CA Pau, 28 May 1991, LawLex200400001494JBJ.

French Consumer Law

554. Maneuvers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

554. Maneuvers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise