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Published online by Cambridge University Press: 18 May 2010
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.
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