Chapter 4

Question 1

What is extra-contractual liability?

Answer 1

A civil wrong other than a breach of contract.

Question 2

Jurisprudence

Answer 2

Decisions made by judges in legal cases.

Question 3

What three elements must the plaintiff establish in a liability suit?

Answer 3

i - Fault on the part of the defendant

ii - Injury or damage suffered by the plaintiff

iii- Causal link between the fault and the injury or damage

Question 4

What are the five categories of extra-contractual obligations according to Book Five of the CCQ?

Answer 4

1- Liability for one’s own act or fault

2- Liability for others’ acts

3- Liability for damages caused by one’s things and buildings

4- Liability for damages caused by one’s animals

5- Liability of the manufacturer

Question 5

What is the duty of care expected of people in CCQ Article 1457?

Answer 5

People are expected to abide by appropriate rules of conduct so as not to injure another.

Question 6

How do courts determine whether a person is “endowed with reason”?

Answer 6

The courts consider whether the person is able to distinguish right from wrong.

A person who is mentally incapacitated may not meet this test. Minors may also not qualify.

Question 7

What must parents prove to avoid being liable for the act of their children?

Answer 7

That the minor has been:

1 - well supervised

2 - well-raised, and

3 - adequately educated.

Question 8

Provide an example of both general and specific proof in regards to parental supervision.

Answer 8

General - the parents had warned their child against using dangerous objects

Specific - a strict supervision at the time of the incident

Question 9

Liability for Custodian’s or Teacher’s for Minors

Answer 9

Those entrusted with the custody, supervision, or education of a child are responsible for their actions.

However, where this person is acting gratuitously or for reward, the burden of proof reverts back to the plaintiff.

Question 10

How might tutors and curators for adults not endowed with reason be held liable for the latter’s acts?

Answer 10

Persons acting as tutors or curators for adults who are not endowed with reason can be held liable for the latter’s acts if the tutors or curators have been guilty of a deliberate or gross fault.

Question 11

How is gross fault described in jurisprudence in reference to the liability of tutors and curators?

Answer 11

A fault of such recklessness that the most uncaring person would not have committed it.

Question 12

Liability of Employer’s for Employees

Answer 12

CCQ Article 1463 provides that principals (for example, employers) are liable for the faults of their agents (employees) committed in the course of their duties.

This does not apply to an employee’s fault causing damage to another employee - Worker’s Compensation Act would apply instead.

Question 13

Which case enforced liability under the equivalent of CCQ Article 1465?

Answer 13

City of Montreal v. Watt & Scott - The city was responsible for water that escaped into the cellars of some residences from a broken sewer pipe.

Article 1465 applies to almost any object, be it a helicopter, a pipeline, an electric cable, a volatile substance, electricity, or water.

Question 14

Describe the three statutes that cover liability for one’s things, animals, or buildings.

Answer 14

Article 1465 - A person entrusted with the custody of a thing is liable for injury resulting from the autonomous act of the thing.

Article 1467 - The owner of a building is liable for damage caused by poor construction or maintenance.

Article 1466 - The owner of an animal is liable for any damage it causes.

Question 15

Under CCQ Article 1465, what is meant by an “autonomous act”?

Answer 15

The thing at the time was not subject to human intervention and the thing itself had a dynamic role in inflicting the damage.

Question 16

Under CCQ Article 1466, who is responsible for any damages caused by an animal?

Answer 16

The owner of an animal and the person making use of the animal are jointly liable for any damages it causes.

Question 17

What were the results of Kravitz v. General Motors (1979) in relation to CCQ Articles 1468, 1469, and 1473?

Answer 17

The court held that the dealer and the manufacturer of a new car were jointly and severally liable for damages and for the price of the car.

Question 18

How is “safety defect” defined under CCQ Article 1469?

Answer 18

A thing that does not afford the safety which a person is normally entitled to expect, particularly by reason of a defect in the design or manufacture of the thing, poor preservation or presentation of the thing, or the lack of sufficient indications as to the risks and dangers it involves or as to safety precautions.

Question 19

A manufacturer is liable for injury caused to a third person by a safety defect in its product. According to CCQ Article 1468, name two other categories of persons upon whom the same liability rests.

Answer 19

1. A person who distributes the thing.

2. Any supplier of the thing, whether a wholesaler or a retailer.

Question 20

What must a plaintiff prove to the court before they can collect damages?

Answer 20

That the defendant’s breach of duty was in fact what caused the damages being claimed.

Question 21

What can be claimed in damages in Quebec?

Answer 21

1. Bodily injury
2. Material damage
3. Moral prejudice (non-economic damages such as pain and suffering, loss of consortium, and other less tangible items)

Question 22

What does CCQ Article 976 provide regarding the obligations of neighbours?

Answer 22

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.

It is not necessary to establish fault.

Question 23

Describe the Duty of the Good Samaritan according to Quebec’s Charter of Human Rights and Freedoms.

Answer 23

It imposes a duty on everyone to help a person in peril.

The law encourages its citizens to come to the aid of others in need by limiting the scope of liability for such individuals.