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Published online by Cambridge University Press: 18 May 2010
Case
Richard promised to mail some documents to Maria's insurance company so that the company would (a) insure, or (b) cancel an insurance policy on Maria's small private plane. He failed to do so. Is he liable (a) if Maria's plane crashes and she cannot recover its value because it was not insured, or (b) if Maria has to pay an extra monthly premium because her insurance was not cancelled? Does it matter if Richard promised to help because he was a friend whose profession was completely unrelated to aircraft, insurance, or the mailing of documents? Does it matter if he promised to help because he had just sold and delivered the plane to Maria?
Discussions
FRANCE
Once again (see Case 4), the central problem here is the thorny one of distinguishing between promises which are legally enforceable as contracts, and moral promises or gentlemen's agreements which are not. The line between these two is particularly hard to draw in French law, and is left to the judges of the lower courts as a question of fact (see Case 4).
If Richard is a friend whose profession is totally unrelated to the services he carries out, it is very doubtful that the agreement would be regarded as legal and consequently as binding. It is more likely that a French court would characterize the transaction as a favour (acte de complaisance) that friends may do for one another. Maria would not recover.
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