Cour de cassation, Chambre civile

The Court:

... Given that Templier was fatally injured by a horse belonging to Lejars and that the judgment under attack ordered the latter to pay Templier's three sons and daughter a sum of money including, over and above their economic loss, damages for the moral harm resulting from their grief at the death of their father; that in so deciding the court did not violate article 1382 Code civil, as the appellant contends, this article, according to which everyone who causes harm to another by his fault is obliged to repair it, being in such general terms as to apply to moral harm as well as to material harm; Given that this criticism is therefore baseless; On the second ground of criticism: Given that the findings in the judgment under attack that Templier's children were deeply affected in their most legitimate interests, facts enabling the court to fix the amount of damages; were within the sovereign power of the court;

For these reasons DISMISSES the application for review.

Doctrine upheld. See in particular Civ. 2, 23 May 1977, Bull II, no. 139. “By virtue of its general terms, article 1382 of the Civil Code applies as much to mental suffering as to material losss; it is therefore sufficient for the damage to be personal, direct and certain”. See also C2, 16/04/1996, Bull. No. 94: “A judgement which, in order to refuse claims for compensation for mental suffering, states that the plaintiffs cannot demonstrate that they had any particular bonds of affection with a deceased victim prior to his/her death, whilst the only proof required was that certain harm had been inflicted personally and directly, must be quashed.”

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