Chapter 4

Question 1

Explain liability for one’s own negligence

Answer 1

A person endowed with reason, must conduct her affairs without injuring others
He may be liable to compensate the other party for Injury, whether it be partly moral or material in nature
“He” refers to a normal prudent and diligent person

Question 2

Explain liability for others act

Answer 2

Persons have a parental authority are liable for minor’s acts causing damage unless the parents can prove the minor has been well supervised, well raised and adequately educated
The same principle applies to any other person who, though not the child’s parent, is entrusted with the custody, supervision, or education of the child

Question 3

Explain liability for one’s things, animals or buildings, and provide a case study

Answer 3

Burden of proof is on the defendant
A person is liable for the acts of things in their custody
The owner of a building is liable for injury, or damage is resulting from faulty design, or lack of maintenance

City of Montreal versus watt & Scott

Question 4

Explain liability for damage caused by one’s animal

Answer 4

The owner of an animal and any person in control that animal are equally liable, if the animal escapes or strays from them

Question 5

Explain manufactures liability, and a case study

Answer 5

Heavy burden on retailers-consumer protection act
Manufacturers and distributors are jointly liable for any product effect, not readily apparent to the original, and subsequent purchasers of the product
Products defective in design, manufacture, safety, or created from lack of care and maintenance of the product

Kravitz vs general motors

Question 6

What are the ways the manufactures and retailers are not liable if they can prove

Answer 6

Purchaser knew of the defect
Purchaser could have foreseen the injury
Manufacture could not have known of the defect
Manufacture informed the purchaser of the defect example recall

Question 7

Explain abuse of right, and provide case study

Answer 7

General standard of care limiting how one can treat people
No right may be exercised with the intent of injuring another or in excessive and unreasonable manner, and therefore contrary to the requirements of good faith

Houle versus Canadian national bank

Question 8

Explain obligations of neighbours and provide case study

Answer 8

Provide that neighbours do not have to endure annoyances that are beyond the limit of tolerance, according to the nature or location of the land or to local custom

Saint Lawrence cement Inc. versus Barrette