Definition : Obligation of result

Obligation under which the debtor undertakes to provide a specific result to the creditor. It does not simply commit to making its best efforts to try to achieve the desired result, it is committed to achieving it. The creditor, in order to establish the debtor's liability, only has to prove that the debtor has not achieved the expected result.  The debtor may attempt to exonerate himself either by demonstrating absence of fault, or by proving superior force, the fault of a third party or the fact of the victim himself. The obligation of result is mainly found in contracts for the delivery of goods and in those enshrining an obligation not to do.

GOOD TO KNOW! The case law holds that the syndicates of co-owners and their directors do not have an obligation of result towards the co-owners.

Related articles

January 8, 2023 - The transactions in co-ownership are not simple. They require unfailing rigour, because the devil is in the details. A notary who executed the sale of a condo learned this at his own expense in the Court of Québec - Small Claims Division, because of a professional misconduct he committed by not referring to the declaration of co-ownership.
View more