Practical sheet | REF: FIC0101 V1

ICPE and civil liability

Author: Solange VIGER

Publication date: October 10, 2014 | Lire en français

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6. Mistakes to avoid

6.1 Don't confuse contractual liability with tort liability

The first relates to the performance of a contract: for example, the discovery of subsoil pollution after the conclusion of a contract for the sale of the land on which the facility is located.

The second arises from a non-tortuous (as opposed to contractual) event: for example, the operation of the plant generates harmful dust.

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6.2 Don't entrust a third party with something likely to generate pollution without informing them of the dangers...

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