''La règle de non-cumul'' is a principle of
French law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is t ...
which regulates whether an action should be brought under
contract law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
(''la responsibilité civile'') or
tort law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
(''la responsibilité delictuelle'').
It states that where there is a contract, an action can only be brought under contract law and when there is no contract an action can only be brought under tort law.
See also
*
Henderson v Merrett Syndicates Ltd
''Henderson v Merrett Syndicates Ltd'' 994UKHL 5was a landmark House of Lords case. It established the possibility of concurrent liability in both tort and contract.
Facts
Lloyd's of London, an insurance market, is organised in syndicates - g ...
, a
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
decision which acknowledged that this rule does not exist in
English law.
References
* Droit Civil, Brigitte Hess-Fallon - (2005) 8eme edition.
French business law
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