Civil liability of principal for the acts of agent – A comparison between France and Mauritius

Mauritian civil law is strongly influenced by French civil law, for historical reasons. Civil liability, tort and contractual law, is regulated in an almost same manner in the two countries. However, as French civil law is only a persuasive authority in Mauritius, the position of the French Court of Cassation is not always followed by the Mauritian Supreme Court. Moreover, even when the legal solutions in the two countries are the same, differences can exist between the contractual and tort liabilities of principals for the acts of their agents. This paper aims at critically analyzing the similarities and differences in the tort and contractual liabilities of principals for the acts of their agents in France and Mauritius.