chapter 8: civil liability

Question 1

civil liability

Answer 1

people must be held accountable or liable for their actions and for the consequences of their actions

Question 2

vicarious liability

Answer 2

person may be held responsible for injuries cause to others even though they may not have caused the damage

Question 3

when can vicarious liability take place?

Answer 3

when the damage or injury is cause by people who are under their control or things under their control

Question 4

when is one civilly liable?

Answer 4

when they cause damages and there is no contract between the people

ex: crashing on someone with a car

Question 5

when is someone found personally liable

Answer 5

person must be endowed with reason

or

person is at fault and as a result of this fault, real damages were caused to another person

Question 6

endowed with reason

Answer 6

person must be capable of discerning right from wrong

person has a sufficient level of intelligence and be of an age old enough to appreciate the consequences of their actions

Question 7

actions of force majeur (superior force)

Answer 7

person not endowed with reason

they cannot tell right from wrong

Question 8

when can we make exceptions to being endowed with reason?

Answer 8

when defendant was under the influence of drugs or alcohol

–> can still be held liable for damages

Question 9

how do we determine a person being at fault?

Answer 9

compare with the actions of a person that is reasonably prudent and diligent within the context of the case at hand

Question 10

when is a person at fault?

Answer 10

when a person that is reasonably prudent and diligent within the context of the case at hand would not have done the actions that resulted in damages

Question 11

being held solidarity liable

Answer 11

when more than one person have together taken part in a wrongful act that caused injury to a third party

Question 12

types of damages

Answer 12

bodily

moral

material

present or future

Question 13

punitive damages

Answer 13

damages caused intentionally

–> court punishes these in a way to teach a lesson

Question 14

all the elements needed for a person to be deemed liable

Answer 14

conditions

–> endowed with reason

–> at fault

damages

causal link

Question 15

the defendant’s tools it could use to lower their sentence or or to not have any

Answer 15

victim’s actions

Good Samaritan

superior force

another person made it worse

improper use

Question 16

defendant’s use of victim’s actions

Answer 16

victim is at fault for his own damages

Question 17

contributory negligence

Answer 17

defendant is at fault for victim’s damages, but so is the victim

Question 18

how can a person legally limit future damages?

Answer 18

1. contractual waiver
2. displaying notice to limit liability like in bars
3. if the victim aggravates his damage?

Question 19

defendant being a Good Samaritan

Answer 19

damages caused in the process of helping others

ex: injuring someone when they were drowning

Question 20

defendant using superior force as defense

Answer 20

damages caused were not within the control

Question 21

another person made it worse

Answer 21

other person must be mostly or totally responsible

Question 22

defendant using improper use as defense

Answer 22

object that cause damage was not properly used

Question 23

what are the three conditions for the parents to be held responsible?

Answer 23

1. child must be a minor
2. the parent must have personal authority over the child
3. damages must be the result of an act or fault of the minor

Question 24

the three conditions for that a legal tutor or someone responsible of children be held liable?

Answer 24

1. parents delegated authority
2. child must be a minor
3. damages must be the result of an act or fault of the minor

Question 25

liability of employees

Answer 25

organizations can save themselves if its the employee that really messes up

1. employee was at fault
2. took place during their employment
3. control over the employee by employer

Question 26

liability for damage do to ruin of an immovable

Answer 26

owner of an immovable may be held responsible for any damages caused by its partial or total ruin

Question 27

when can a safety defect causing liability occur?

Answer 27

1. a product may cause damages stemming from being improperly manufactured
2. design of product itself may lead to damages when being used
3. safety defect could be the result of improperly preserved or presented products
4. damages due to improper use as a result of lack of information or indications of safety precautions on how the product should be handled

Question 28

if an object shows to have safety defect, who can be liable?

Answer 28

manufacturer

distributors

wholesaler or retailer of object

Question 29

when can liability of manufacturer, distributors and seller for safety defects in movables be avoided?

Answer 29

if it can be proven that the victim knew of the safety defect, bought it, and used the item in spite of this knowledge

by claiming damages were due to superior force

claiming item was used improperly by victim

Question 30

responsibility for acts of a thing

Answer 30

a victim of damages caused by a thing, movable or immovable, may sue those persons who have the thing under their custody

person sued does not necessarily have to be the owner of the thing