According to Art.1384 of France Civil Code, there are three types of tort liability, and being ”responsible for the acts of others” is very important and hard to judge. This research tries to explore the conditions and standards in France. From a comparative law point of view, this study analyze Art.1384 V of France Civil Code in item of the ”out of execution of duties” in the development of France law. First, the text ”out of execution of duties” in the theory and judgment, the most important is how to recognize the ”abuse of duties”. According to the theory and judgment, there are three conditions: ”without authorization”、”not conform to the purpose of authorization”、”out of duties”. Since then, the focus is how to analyze ”out of duties”. There are two different standards. The objective standard is to carry out the duties of the servant of the time, place and tools, regardless of the interests of servant behavior and purpose of attribution. Finally, the Court and the doctrine are also putting forward another point of view, that is in the case of contracts, we must take into account the appearance of the acts. When the acts ”look like” a standard” or the victims have reasonable reliance, the acts should be considered as ”no out of duties”. Otherwise, when the victims don't have ”reasonable reliance”, the victims are not worth the protection. The victims can not claim damages. The standard can protect the victims when they are innocent, and can exclude the damages claim when the victims are not worth protecting. This view is indeed worth considering and the study adopts it.