Chapter 4 Flashcards
What are the five categories the extra-contractual obligations of Quebec can be divided into?
Liability for one’s own act of fault
Liability for others act
Liability for damages caused by one’s things and buildings
Liability for damages caused by one’s animals
Liability for the manufacturer
What are the 3 elements required to be established to satisfy the court in extra-contractual liability in Quebec?
Fault on the part of the defendant
Injury or damage suffered by the plaintiff
Casual link between the fault and the injury or damage
Explain the liability of one’s own act or fault
Applies to everyone
People are expected to abide by appropriate rules of conduct so as not to injure another
Explain liability for others acts
A person may be held liable not only for the consequences of his or her own acts but those of other people
Explain liability of parent for minor children
Personas having parental authority are liable for a minors acts causing damage unless the parents can prove the minor has been well supervised, well raised, and adequately educated
Explain liability of custodians or teachers of minors
The same principal applies to any other person who, though not the child’s parent, is entrusted with custody, supervision, or education of the child. However, where this person is acting without pay or without reward, the burden of proof reverts back to the plaintiff
Explain liability of tutors and curators for adults not endowed with reason
tutors and curators for adults not endowed with reason can be held liable for the latters acts if the tutors of curators have been guilty of a deliberate or gross fault
Explain liability of employers for employees
Employers are liable for the faults of their employees committed in the course of their duties
Explain liability for one’s things and buildings
Person is accountable for damage caused by his or her things, animals, or buildings.
What case illustrates the civil code liability for one’s things and buildings?
Watt and Scott vs city of Montreal
Sewer pipe broke in Montreal and water escaped from it into the cellars of some residences, the city was held liable
Explain liability for ones animals
The owner of an animal and the person making use of the animal are jointly liable for any damage it causes
Explain liability of the manufacturer
Cover liability for safety defects in products
What case illustrates the civil code of Quebec liability of manufacturer?
General Motors products of Canada vs Kravitz
The court held that the dealer and the manufacturer of a new car were jointly and severely liable for damages and for the price of the car
Explain abuse of right concept of liability that are related to common law
No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to be requirements of good faith
What case illustrates the principal abuse of right under common law?
Houle vs Canadian national bank
