Case

Kurt promised a large sum of money to Tony who had suffered a permanent back injury saving (a) Kurt or (b) Kurt's adult child from drowning after a boating accident. Can Tony enforce the promise if Kurt changes his mind? Does it matter if Tony was a professional lifeguard or if he had performed the rescue as part of his normal duties?

Discussions

FRANCE

Kurt promised Tony a large sum of money for saving him or his adult child because he felt under a moral duty to do so. Under French law, this duty could be considered to be a natural obligation (obligation naturelle). As already noted in discussing Case 1, a promisor who voluntarily undertakes to perform a natural obligation is bound by this promise and liable to the promisee if he fails to perform. The natural obligation has been converted into a civil one by a unilateral promise to perform. Nevertheless, his recognition of the natural obligation must be sufficiently unequivocal. Evidence concerning the promise is appreciated by the trial courts and is considered to be a matter of pure fact.

The rule that a promise to perform a natural obligation is binding is a result of judicial interpretation of art. 1235 of the Civil Code. promise is not specifically enforceable. Yet its breach gives rise to contractual liability. Through Kurt's voluntary undertaking, the natural obligation has been novated (in a non-technical sense) and can thus be considered to be a civil obligation.