Chapter 6 - General Legal Principles Flashcards
Define proximate cause
The effective cause, there must be an uninterrupted unfolding of events without the intervention of another cause.
If there is another cause interrupting the proximate cause, what defence could be used?
Remoteness of Damage
What case set the precedent for proximate cause?
Scott v. Shepherd
Defendant threw a lit firecracker into a crowded market where it fell on a stall, the occupier through it away. It eventually exploded and causes damage. The individual who lit the firecracker was found liable.
What was the relevance of Laperriere v. The King?
Reinforced proximate cause.
The army left explosives and it should have been foreseeable that they could result in damage.
What was the relevance of Beaudoin v. TW Hand Fireworks?
Reinforced remoteness of damage.
Defendant had negligently left a firework around, however an employee was ordered to dispose of it. The employee lit the firecracker and caused damage.
Therefore, leaving the firecracker could not have been the proximate cause.
What is a joint tortfeasor?
When two or more people commit a wrongful act (tort) together.
What if the fault of joint tortfeasors is indivisible?
The plaintiff may choose who to collect from. If it can be divided, the court may hold each defendant liable for part of the damage. That plaintiff will be responsible for the entire judgment regardless of liability.
How could one of the joint tortfeasors mitigate the amount to pay during judgment?
They may sue and seek contribution from the other tortfeasors that share fault.
In practice, when the one tortfeasor is accused they will bring third party suits against the other tortfeasors.
Plaintiffs will contribute percentages of damages based on contributory negligence.
What does solidary obligation in Quebec indicate?
Any one defendant may be liable for the entire share of the judgment. It is essentially the Quebec equivalent of joint and several liability.
The law may determine the contribution owed by each party that would be at fault.
What is vicarious liability?
Responsibility for the acts of others.
What is the relationship between a principal and agent?
The agent will act on behalf of another while the principal would be responsible for the acts.
What are the four ways in which agency can be created?
- By contract (express)
- By ratification
- By estoppel
- By necessity
Explain how agency is created by contract
A relationship is forced by principal and agent through contract, the same rules that apply to other contracts apply to this.
The principal assumes liability for the acts of the agent and any authority which arises from operation of the contract.
Explain how agency is created by ratification
An agent may act on behalf of a principal without a contract in place. If the principal then later accepts the actions of the agent, ratification has occurred. The principal is now bound to the actions of the agent.
Explain how agency is created by estoppel
When a potential insured has relied on representations and assumed them to be true, even if they are not. A principal may agree to allow an agent to act when however, not authority has been given or is permissible to be given.
Explain how agency is created by necessity
In an urgent situation, there may not be an opportunity for a principal to grant authority to an agent. The law allows that person to act as an agent.
How does liability change if the agent breaches the contract or agreement?
The principal may sue the agent. Agents would be held liable if they are improperly identified, the principal does not exist and when the agent exceeds the conferred/apparent authority.
Principals are liable for any tort committed by the agent while the agent is acting on behalf of the principal.
What two ways may end a contract between an agent and principal?
- A time limit on the contract
- Terminated on agreement between the two parties
What does CCQ Article 2130 outline?
A mandate is a contract by which a person, the mandator; empoyers another person, the mandatary; to represent him in the performance of a juridical act with a third person
Mandate - Contract
Mandator - Principal
Mandatary - Agent
Who is liable for a mandate?
The mandator is liable for all obligations contracted by the mandatary
How does professional liability and personal liability differ for a mandatary?
There is no personal liability when acting in a professional capacity, however the personal capacity they are still liable for.
What is the relevance of Lockhart v. CPR?
An employee used his personal vehicle while out on company business although not permitted. An accident occurred which damaged a third party. The court decided that the employer, not the employee was responsible for the actions of the employee.
Is the employer liable if the employee goes about completed their role in a forbidden way?
Yes, as long as they are still completing what they were hired to do.
Is the employer responsible for non-work related acts of their employee?
No.
“A frolic of his own”.
Personal negligence is not the responsibility of the employer.
How does liability respond to an employee delegating their authority to another party without authority to do so?
The employer cannot be held responsible for that person’s negligence.
If the employer is held liable, the employer may sue the employee.
