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Case 14 - promises of rewards

Published online by Cambridge University Press:  18 May 2010

James Gordley
Affiliation:
Università degli Studi di Trento, Italy
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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.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2001

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  • promises of rewards
  • Edited by James Gordley, Università degli Studi di Trento, Italy
  • Book: The Enforceability of Promises in European Contract Law
  • Online publication: 18 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494949.017
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  • promises of rewards
  • Edited by James Gordley, Università degli Studi di Trento, Italy
  • Book: The Enforceability of Promises in European Contract Law
  • Online publication: 18 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494949.017
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • promises of rewards
  • Edited by James Gordley, Università degli Studi di Trento, Italy
  • Book: The Enforceability of Promises in European Contract Law
  • Online publication: 18 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494949.017
Available formats
×