Chapter 4 - Extra Contractual Liability In Quebec Flashcards
What is the major difference between Civil Law and Common Law?
Quebec is codified (all written) whereas common law is heavily based on precedent and jurisprudence
Define jurisprudence
Decisions made by judges in legal cases
Define extra contractual liability
A civil wrong other than a breach of contract
Define delict
An older word used in Quebec, also means civil wrong
Which article range outlines the general duty of care?
1457 to 1481
What are the three elements required to establish civil liability?
- Fault on the part of the defendant
- Injury or damage suffered by the plaintiff
- Causal link between the fault and the injury or damage
What are the five core categories within CCQ articles 1457 to 1469?
- Liability for one’s own act or fault
- Liability for others’ acts
- Liability for damages caused by one’s things and buildings
- Liability for damages caused by one’s animals
- Liability of the manufacturer
Define duty of care as per article 1457
People are expected to abide by appropriate rules of conduct so as not to injure another
How would a court determine whether a person is “endowed with reason”?
The court would consider whether the person is able to distinguish right from wrong
Name two examples of persons who are typically not “endowed with reason”
- One who is mentally incapacitated
- Minors, generally children under the age of seven
Parents may be liable for the acts of a minor unless..
They can prove that the minor has been well supervised, well-raised and adequately educated.
For example, warning them against the use of dangerous objects, that they did not show them bad habits, that the child was successful at school, etc.
Explain how article 1460 treats one with custody of a minor
Anyone who is entrusted with the custody, supervision or education of a child would be liable for their actions such as a teacher or baby-sitter.
However, if this person is acting without pay or reward, the burden of proof lies on the plaintiff
Define gross fault
A fault of such recklessness that the most uncaring person would not have committed it
Under article 1461, a curator or tutor can be found liable for the acts of one not “endowed with reason” if they are guilty of..
Gross fault
Article 1463 indicates that employers are responsible for what?
The faults of their agents/employees committed in the course of their duties.
If this fault causes damage to another employee, the Workers Compensation Act would apply
Any person is accountable for damage caused by these three things
Their things, animals or buildings
Define autonomous act
Not subject to human intervention and the thing itself had a dynamic role in inflicting the damage
Under article 1467, who is liable for damage caused by poor construction or maintenance?
The owner of the building
Under article 1466, what two parties can be jointly liable for the acts of an animal?
The owner of the animal and the person making use of the animal
What type of liability applies to damages resulting from an animal?
Strict liability
Which case in the Supreme Court of Canada outlined the liability in association with safety defects of products?
Kravitz v. General Motors
Under the CCQ, to whom is the manufacturer liable?
To any immediate purchaser and subsequent purchasers
How does article 1469 define safety defect?
A thing has a safety defect where, having regard to all the circumstances, it does not afford the safety which a person is normally entitled to expect, particularly by reason of a defect in 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.
Which act partners with the CCQ to extend liability to manufacturers?
Consumer Protection Act
What case set the precedent for manufacturers and retailers to potentially both be liable?
Veranda Industries Inc v. Beaver Lumber
What three types of damages is a plaintiff able to pursue?
Bodily Injury, Material Damage and Moral Prejudice
Define moral prejudice
Non-economic damages such as pain and suffering, loss of consortium and other such less tangible items
Define proximate cause
An uninterrupted unfolding of events from the initial act to the conclusion, without the intervention of another main cause
Define solatium doloris
The harm felt by a spouse or relative of a deceased party
In what terms are damages expressed?
Monetary
What does CHRF stand for?
Charter of Human Rights and Freedoms
What is outlined in CHRF article 49?
Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom. In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to exemplary damages.
Name three examples of laws in Quebec that create a no-fault compensation system
- Worker’s Compensation Act
- Automobile Insurance Act
- Crime Victims Compensation Act
Define abuse of right
No right can be exercised with the intent of injuring another or in an excessive and unreasonable manner which is contrary to the requirements of good faith
Which court case is cited for abuse of right?
Banque Nationale du Canada v. Houle
What does article 976 state about the obligations of neighbours?
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
“Trouble de voisinage” is equivalent to what under common law?
Nuisance
Which court case is cited in reviewing the obligations of a neighbour?
Ciment du Saint-Laurent Inc c. Barrette
Unreasonable dust, noise and smells were coming from a cement company
What is the good samaritan duty under the Quebec CHRF?
Every human whose life is in peril has a right to assistance and every person MUST come to aid, either personally or in calling for aid, unless involving danger to himself, a third person or another valid reason
