Even if a consumer contractually limits the liability of his supplier (reduction of compensation in the event of a problem when performing the service, for example), the clause is unfair because it creates an imbalance between the rights of the seller and those of the individual buyer. This is recalled by the Court of Cassation in a judgment of 11 December 2019.
In a removal contract, the non-professional client had set the amount of compensation in case of damage, at €152 by furniture. The transport business had accepted this limitation of liability clause.
The court of first instance, relying solely on the agreement of the co-contractors, considers that it must be executed in good faith and that the clause at issue is not unfair.
The Court of Cassation quashed the decision by pointing out that the reduction or elimination of the liability of a trader is unquestionably abusive when dealing with a consumer. A limitation of liability clause can only have value between two professionals.
