The facts are quite classic in this area since the dispute begins with a person who helps another in the context of renovation work on a roof. Mr. X carries out this work on the roof of the house belonging to Mr. Y on a voluntary basis. A fire broke out and caused extensive damage. After having compensated Mr. X, his insurer, BPCE, sued MATMUT, Mr. Y’s insurer, for reimbursement of the repair work. Compagnie BCPE believed that the fire had been caused by carelessness committed by Mr. Y when using a blowtorch. It should be noted that Mr. X, who received the voluntary assistance of Mr. Y, voluntarily intervened in the proceedings to claim damages . 2) What was the procedural course of the case? The ROUEN Court of Appeal , in a judgment of June 29, 2020, held that the responsibility of the volunteer assistant.
In the Light of the Common Intention
The parties which excludes that in the presence of a voluntary assistance agreement, the assistant responds to the consequences of a simple imprudence having caused damage to the property of the assisted who was required to guarantee his own safety, that of his property and that of the person to whom he ”. In other words, the Court of Appeal of ROUEN considered that in the presence of a voluntary assistance agreement, the Iraq email list mere lack of imprudence of the assistant was insufficient to engage the responsibility of the latter. Dissatisfied with this decision, BPCE and Mr. Y appealed to the Court of Cassation. 3) What legal problem to the Court of Cassation? The Court of Cassation whether, in the presence of a benevolent assistance agreement.
The Negligence Committed by the Assistant
Having caused damage to the assisted person, was of such a nature as to engage his liability. 4) What is a volunteer assistance agreement? The voluntary assistance agreement by the help given spontaneously and free of charge by one person to another. It is therefore a matter of relations of benevolence or courtesy between people who render a service or provide help without pecuniary compensation. The assistant Gambling Email List performs a personal, spontaneous and charitable act for the benefit of the assisted. The concept covers various and varied hypotheses (rescue, services rendered between friends or neighbours, family mutual aid, etc.). From a legal point of view, this act of altruism has given rise to debate for a long time both with regard to its basis and its regime.
