Book contents
- Frontmatter
- Contents
- General editors' preface
- List of contributors
- Table of legislation
- List of abbreviations
- 1 Some perennial problems
- 2 Contemporary solutions
- Case 1 promises of gifts
- Case 2 promises of compensation for services rendered without charge
- Case 3 promises to pay debts not legally due
- Case 4 a promise to come to dinner
- Case 5 promises to store goods without charge
- Case 6 promises to do a favour
- Case 7 promises to loan goods without charge
- Case 8 a requirements contract
- Case 9 promises to pay more than was agreed I
- Case 10 promises to pay more than was agreed II
- Case 11 promises to do more than was agreed; promises to waive a condition
- Case 12 promises to take less than was agreed
- Case 13 options given without charge
- Case 14 promises of rewards
- Case 15 promises of commissions
- 3 Comparisons
- Index by country
- Index by subject
Case 14 - promises of rewards
Published online by Cambridge University Press: 18 May 2010
- Frontmatter
- Contents
- General editors' preface
- List of contributors
- Table of legislation
- List of abbreviations
- 1 Some perennial problems
- 2 Contemporary solutions
- Case 1 promises of gifts
- Case 2 promises of compensation for services rendered without charge
- Case 3 promises to pay debts not legally due
- Case 4 a promise to come to dinner
- Case 5 promises to store goods without charge
- Case 6 promises to do a favour
- Case 7 promises to loan goods without charge
- Case 8 a requirements contract
- Case 9 promises to pay more than was agreed I
- Case 10 promises to pay more than was agreed II
- Case 11 promises to do more than was agreed; promises to waive a condition
- Case 12 promises to take less than was agreed
- Case 13 options given without charge
- Case 14 promises of rewards
- Case 15 promises of commissions
- 3 Comparisons
- Index by country
- Index by subject
Summary
Case
A burglar stole Simone's valuable diamond necklace. She offered a large sum of money payable if it was discovered and returned (a) to Raymond, a private detective, or (b) in a newspaper advertisement, to whomever succeeded in finding the necklace. Three months later, after (a) Raymond or (b) others incurred expenses looking for the necklace, she wishes to withdraw her promise because she has changed her mind about how much she is willing to pay for the return of the necklace. Can she do so?
Discussions
FRANCE
When Simone promises Raymond a sum of money to find her necklace, she makes an offer to a specified person which is clear, precise, and unequivocal. By undertaking the investigation, Raymond has tacitly accepted this offer and a contract to find the jewellery has accordingly been made. It can be analysed either as a contract to undertake an investigation (contrat d'entreprise) or as a promise of reward.
If it is a contract to undertake an investigation (contrat d'entreprise), it may be that no payment is due until Raymond achieves the desired result, and Raymond is under an obligation to use his best endeavours to achieve it. Such an obligation is termed an obligation de moyens. Under this analysis, because the contract resembles one for a lump sum, it might seem that Raymond cannot be reimbursed for his costs if Simone revokes her offer as no express provisions have been made to that effect. However, art. 1794 of the Civil Code contains a provision which enables the employer to terminate in mid-performance and compensate the other contracting party for his expenses.
- Type
- Chapter
- Information
- The Enforceability of Promises in European Contract Law , pp. 300 - 317Publisher: Cambridge University PressPrint publication year: 2001