Chapter 5

Question 1

What defences are used in Quebec against extra-contractual liability?

Answer 1

Denial
Not endowed with reason
Superior force
Voluntary assumption of the risk

Question 2

Explain the defence denial (Quebec)

Answer 2

Denial of fault: there is no fault on the part of the defendant
Denial of injury: there is no injury suffered by the plaintiff
Denial of casual link: there is no causal link between the fault and the injury

Question 3

Explain the defence not endowed with reason (Quebec)

Answer 3

The law acknowledges that a person with an intellectual disability can avoid liability. A person who is unable to understand the rules of conduct cannot be made liable if he or she breaks the law.

Question 4

Explain the defence superior force (Quebec)

Answer 4

Also known as force majeure
Refers to forces beyond the control and without the fault or negligence of any party
Examples: acts of god, war, fire, and other disasters

Question 5

Explain the defence voluntary assumption of risk (Quebec)

Answer 5

Plaintiffs assumption of risk is not a complete defence
When a victim imprudently accepts the risk of an activity, the civil code nonetheless permits the victim to maintain his or her rights to sue the defendant

Question 6

Explain the defence Good Samaritan (Quebec)

Answer 6

Can limit their liability for an additional injury caused to a victim as long as they can show that it was not caused by their intentional, or gross fault

Question 7

What are the 3 defences the civil code of Quebec provides the manufacturers with if the claimant succeeds in proving a safety defect in a product?

Answer 7

-The manufacturer could only have known the state of the knowledge regarding the product in existence at the time
-The claimant could have known about the defect and should have known the risk
-The manufacturer made available all the proper information about the shortcoming of the product

Question 8

Explain the limitation period for children (Quebec)

Answer 8

Prescription starts to run once the minor comes of age

Question 9

Explain the limitation period for accidents (Quebec)

Answer 9

3 years from the accident to file a suit.
If damages appear gradually, the limitation period starts from the day the damages first appeared.
However, an extinctive limit of 10 years, meaning the 3 year period cannot extend for more than 10 years from the accident

Question 10

Explain the limitation period for libel (Quebec)

Answer 10

Must be brought within a year in which the defamed person learned of the defamation