Chapter 4 - Extra Contractual Liability In Quebec

Question 1

What is the major difference between Civil Law and Common Law?

Answer 1

Quebec is codified (all written) whereas common law is heavily based on precedent and jurisprudence

Question 2

Define jurisprudence

Answer 2

Decisions made by judges in legal cases

Question 3

Define extra contractual liability

Answer 3

A civil wrong other than a breach of contract

Question 4

Define delict

Answer 4

An older word used in Quebec, also means civil wrong

Question 5

Which article range outlines the general duty of care?

Answer 5

1457 to 1481

Question 6

What are the three elements required to establish civil liability?

Answer 6

• Fault on the part of the defendant
• Injury or damage suffered by the plaintiff
• Causal link between the fault and the injury or damage

Question 7

What are the five core categories within CCQ articles 1457 to 1469?

Answer 7

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 8

Define duty of care as per article 1457

Answer 8

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

Question 9

How would a court determine whether a person is “endowed with reason”?

Answer 9

The court would consider whether the person is able to distinguish right from wrong

Question 10

Name two examples of persons who are typically not “endowed with reason”

Answer 10

• One who is mentally incapacitated

- Minors, generally children under the age of seven

Question 11

Parents may be liable for the acts of a minor unless..

Answer 11

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.

Question 12

Explain how article 1460 treats one with custody of a minor

Answer 12

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

Question 13

Define gross fault

Answer 13

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

Question 14

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..

Answer 14

Gross fault

Question 15

Article 1463 indicates that employers are responsible for what?

Answer 15

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

Question 16

Any person is accountable for damage caused by these three things

Answer 16

Their things, animals or buildings

Question 17

Define autonomous act

Answer 17

Not subject to human intervention and the thing itself had a dynamic role in inflicting the damage

Question 18

Under article 1467, who is liable for damage caused by poor construction or maintenance?

Answer 18

The owner of the building

Question 19

Under article 1466, what two parties can be jointly liable for the acts of an animal?

Answer 19

The owner of the animal and the person making use of the animal

Question 20

What type of liability applies to damages resulting from an animal?

Answer 20

Strict liability

Question 21

Which case in the Supreme Court of Canada outlined the liability in association with safety defects of products?

Answer 21

Kravitz v. General Motors

Question 22

Under the CCQ, to whom is the manufacturer liable?

Answer 22

To any immediate purchaser and subsequent purchasers

Question 23

How does article 1469 define safety defect?

Answer 23

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.

Question 24

Which act partners with the CCQ to extend liability to manufacturers?

Answer 24

Consumer Protection Act

Question 25

What case set the precedent for manufacturers and retailers to potentially both be liable?

Answer 25

Veranda Industries Inc v. Beaver Lumber

Question 26

What three types of damages is a plaintiff able to pursue?

Answer 26

Bodily Injury, Material Damage and Moral Prejudice

Question 27

Define moral prejudice

Answer 27

Non-economic damages such as pain and suffering, loss of consortium and other such less tangible items

Question 28

Define proximate cause

Answer 28

An uninterrupted unfolding of events from the initial act to the conclusion, without the intervention of another main cause

Question 29

Define solatium doloris

Answer 29

The harm felt by a spouse or relative of a deceased party

Question 30

In what terms are damages expressed?

Answer 30

Monetary

Question 31

What does CHRF stand for?

Answer 31

Charter of Human Rights and Freedoms

Question 32

What is outlined in CHRF article 49?

Answer 32

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.

Question 33

Name three examples of laws in Quebec that create a no-fault compensation system

Answer 33

• Worker’s Compensation Act
• Automobile Insurance Act
• Crime Victims Compensation Act

Question 34

Define abuse of right

Answer 34

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

Question 35

Which court case is cited for abuse of right?

Answer 35

Banque Nationale du Canada v. Houle

Question 36

What does article 976 state about the obligations of neighbours?

Answer 36

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

Question 37

“Trouble de voisinage” is equivalent to what under common law?

Answer 37

Nuisance

Question 38

Which court case is cited in reviewing the obligations of a neighbour?

Answer 38

Ciment du Saint-Laurent Inc c. Barrette

Unreasonable dust, noise and smells were coming from a cement company

Question 39

What is the good samaritan duty under the Quebec CHRF?

Answer 39

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