Does French Law Recognise A Duty To Mitigate?

Introduction On 2 July 2014, the 1st Civil Chamber of the French Cassation Court reaffirmed that a tortfeasor is liable for all consequences resulting from his or her tort. The victim of the tort has no duty to mitigate losses in the interests of the tortfeasor.

Case summary In the case, the partners of a company, after buying a house, applied for tax reductions on their personal income. The tax authorities refused their application and imposed tax on the partners. The partners then sued the promoters of the house sale and the notaries who drew up the sale documents. The partners sued in tort, based on article 1382 of the Civil Code, for breach of duty to provide advice. Article 1382 is the core, broad statutory provision underpinning most fault based tort liability under French law.