Insurance – Exclusion of warranty clause
The limited nature of a warranty exclusion clause must be assessed in consideration of the warranty subscribed to by the insured, and not with regard to all the warranties covered by the insurance contract. (Supreme Court, 9 Feb. 2023, n°21-18067)
Insurance recourse actions: a cross border perspective – Zurich
Ansam OKBANI will speak at the conference "Insurance recourse actions: a cross border perspective" on 8 June 2023 in Zurich. She will shed light on this topic from the perspective of insurers and present the legal situation in France.
10th Annual Conference Opportunities in Superyachts – Malta
Jean-Philippe MASLIN will be speaking on recent developments in France as well as animating a workshop on crew issues at the 10th Annual Conference Opportunities in Superyachts on 23 March 2023 in Malta.
Sale and latent defect
The purchaser, who has the sole choice of actions provided for by law in the event of the seller's warranty for latent defects being called into play, may accept that the seller proceeds, by repairing the property at his own expense, to a repair in kind which removes the defect and re-establishes the contractual equilibrium intended by the parties. This solution cannot be extended to the repair of the latent defect by a third party, which, having no effect on the contractual relations between the buyer and the seller, cannot remove the estimatory action allowing the buyer to obtain the
Improving Yacht Crew Retention conference
Jean-Philippe MASLIN will chair the conference "Improving Yacht Crew Retention" on 9 March 2023 in Nice, sponsored by RICHEMONT DELVISO.
Road haulier’s exemption from liability
In a decision dated December 14, 2022 (Supreme Court, no. 21-14.438), the Supreme Court recalls that only force majeure can exonerate the carrier from liability for the loss of the transported objects. In this case, in order to exonerate the road haulier, the Court of Appeal, in the light of article L 133-1 of the Commercial Code, had held that in the absence of any particular safety instructions issued by the road haulier, he could not be reproached for having parked the trailer in a poorly secured parking lot simply by blocking the doors of the trailer by raising the
Termination of the commercial agency contract for serious fault
A commercial agent who has committed a serious breach, prior to the termination of the contract, which was not mentioned in the letter of termination and was discovered afterwards by the principal, so that it did not cause the termination, cannot be deprived of his right to indemnity (Supreme Court, 16 Nov. 2022, n°21-17423)
IBA Annual conference in Miami
Henri NAJJAR speaks at the session "Containers rule the world" at the IBA Annual conference in Miami on 2 November 2022.
Transfer of business
The transfer of a business including the transfer of the ownership of trademark rights does not entail the transfer of the exclusive distribution contract for the products bearing these trademarks (Supreme Court, 19 Oct. 2022, n°21-16169)
Webinar on “Contracts of the future”
Ansam OKBANI moderates the webinar on "Contracts of the future" on 25 October 2022.
