Given that the judgment of the Court of Appeal of Caen (11 March 1993) is criticised by Grandvillaise (SMMIG), marine and industrial engineers, for holding it liable in damages to M. Beaufils for failing to give him proper advice as regards the fixtures in the fishing vessel it was building for him whereas (1) any such obligation is relative and did not attach in this case since M. Beaufils was himself a professional fisherman, (2) it should have inquired whether the damage suffered was not due to the negligence and incompetence of M. Beaufils, and (3) it misunderstood the issue in dispute when it referred to the inadequacy of the way the engine was installed, though the parties had agreed that it was sufficiently protected;

But given that even where the buyer is himself a professional, the seller of goods is under an obligation to give information and advice on their fitness for their agreed purpose, to the extent, appreciated by the court below acting within its sovereign powers, that the buyer’s expertise falls short of allowing him to understand the full significance of the matters in question, and that the court below, far from misunderstanding the issues in the case, was thus justified in holding the shipbuilder partially responsible, along with M. Beaufils, for installing in the fishing boat an engine designed for pleasure craft, an error which was the sole cause of the harm suffered by M. Beaufils.

From which it follows that the complaint is not well-founded;

For these reasons DISMISSES the application for review.

This note on subsequent developments reflects the legal situation as of October 2004.

Civ 1, 20 June 1995: The obligation to inform, always present in relationships between a seller and his non-professional customers, arises likewise in relationships between sellers and professional purchasers since their own competencies do not give them "the means of appreciating the exact import of the technical characteristics of the device in question". In other words, the obligation to inform which falls on the seller is imposed in the same way towards a professional purchaser unless it is established that because of his specialism and/or his qualification he should have known how the product should be used and its dangers (cf Civ 1, 3 June 1998, Bull no 198). A similar solution had already been accepted in relationships between manufacturers and professional purchasers (Civ 1, 7 June 1989, Bull no 232, Civ 3, 18 February 2004, pourvoi no 02-17.523).

Translation by Raymond Youngs

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