Tort law

Protected Interests and the Scope of Remediable Harm in Tort Law

Abstract: 
For anyone who has taken even a slight interest in tort law in legal systems other than our own, one of the striking features of French law is the absence of mechanisms with which to ring-fence liability. Where English and German law, to cite just them, cultivate numerous mechanisms capable of containing claims for remedy, our law advances, without any apparent qualms, towards a constant widening of the scope of the obligation to make good the harm caused to others. Recent examples of this trend are not wanting, at least in case law. France’s supreme civil court, the Cour de cassation regularly manifests its determination to relax the conditions for invoking liability, whether with regard to seminal acts, harm or causation.