The abuse of weakness is a commercial practice intended to sign a commercial contract with a person in a state of weakness, that is to say, ignorant of the real commitment he is making.
This practice is sanctioned by law when it applies to people in poor health, who no longer have all their mental faculties or who do not understand the French language well, for example.
Very often, the victims of these abusive commercial practices are the elderly. They must therefore be very vigilant when signing a contract. Fortunately, the law recognizes the abuse of weakness and seniors can defend themselves against such practices.
All consumers said to be "in a situation of weakness" because of their state of health, their age or because they do not speak the French language well, for example, are affected by the abuse of weakness. We speak of abuse of weakness when an unscrupulous salesperson has a commercial contract signed, payable in cash or on credit, while being aware of the weak position of his client. The elderly are the people most targeted by these commercial practices, which are likened to making a commitment under duress.
The situation of weakness of a person is assessed in relation to his state at the time when he signs a commercial contract under this form of constraint. This may be of a lasting or temporary nature, i.e. it may result from a temporary vulnerability of the consumer linked to particular circumstances or an emergency situation.
It is not enough simply to not be in possession of one's means or to be old for the courts to consider the state of weakness as such and initiate proceedings. You have to be able to demonstrate it. The elderly victim of such abuse must prove that their state of weakness existed well before the time when they signed the commercial contract in question. In any case, this state must not be due to the simple circumstances of the subscription of his commitment. In addition, the weakness or ignorance of the victim must be known to the salesperson.
The contract in question must have been signed in one of the following circumstances:
The law condemns anyone who has abused the weakness of a consumer to make him make a commercial commitment to 3 years in prison and a fine of 375,000 euros. The amount of the latter can also be calculated in proportion to the financial benefits brought by this fraudulent commercial practice, i.e. a fine corresponding to 10% of the average annual turnover calculated on the last three annual turnovers known at the date of the events. .
The legal persons responsible for these commercial abuses may also be sentenced to additional criminal penalties such as the prohibition to exercise certain professional activities or the display of their conviction in the specialized press or others.
