An obligation of result
Under an obligation of result, the debtor undertakes to achieve a specific result. This means it is not enough to make a serious effort or to act carefully; the agreed result must actually be achieved. If that result is not achieved, the debtor may be liable for failing to perform the obligation.
The new Civil Code defines an obligation of result in Article 5.72, paragraph 2, as “an obligation that requires the debtor to achieve a specific result.” The article also states that the debtor’s fault is presumed if the result is not achieved, unless force majeure is proven.
An obligation of means
Under an obligation of means, the debtor undertakes to make the necessary efforts to achieve the desired result, without guaranteeing that result. The mere fact that the result is not achieved is therefore not enough, in itself, to establish liability. The creditor must prove that the debtor failed to make all the efforts that could be expected from a normally prudent and reasonable person.
The new Civil Code defines an obligation of means in Article 5.72, paragraph 1, as “an obligation that requires the debtor to provide all the care that would be expected from a prudent and reasonable person in order to achieve a specific result.” The article also specifies that the creditor bears the burden of proving the debtor’s fault.
Examples of obligations of result and obligations of means
Whether an obligation must be classified as an obligation of result or as an obligation of means depends on the parties’ common intention, as reflected in the contract.
An obligation to give something and an obligation not to do something are, in principle, obligations of result because they aim at a specific outcome. An obligation to do something, by contrast, may be either an obligation of result or an obligation of means.
A few examples help illustrate the distinction.
Providing an impartial analysis by an insurance broker, based on a sufficient review of insurance contracts available on the market so that the broker can recommend, according to professional criteria, the insurance contract that matches the policyholder’s needs, is an obligation of means and not an obligation of result.
Delivering a prosthesis is, for the orthopaedist, an obligation of result.
An employer’s duty to comply with rules relating to employee well-being and to behave as a normal and careful employer is not an obligation of means, but an obligation of result.
The contractual obligations assumed by a lawyer towards a client are, in principle, obligations of means. The lawyer undertakes to act as a diligent and conscientious lawyer, using the legal means available under current law in order to try to achieve the desired result.
A publisher who receives a right of reply that satisfies the legal requirements has an obligation of result to publish it.
Why this matters
This distinction matters because it helps determine who must prove what.
- With an obligation of means, it usually has to be proven that the other party did not act carefully enough.
- With an obligation of result, the fact that the agreed result was not achieved is often already a strong argument.
For Belgium, however, one important nuance always remains: the exact classification depends on the content of the contract, the parties’ intention, and the concrete circumstances of the case.