Chapter 8 - Civil Liability Flashcards
What is civil liability or civil responsibility?
The principle that people must be held accountable and liable for their actions and for the consequences of their actions.
What is Vicarious Liability
A person helf responsible for injuries caused to others even though they may have not perosnally cause the damage. (Children or employees - when they are under the control of someone)
Contractual v. Extra Contractual Liability
“Every person has the duty to honour his contractual undertakings”
Damadge, for his or her fault, can happen without there being a contract set in place. However since damadge was caused, they are held civilly liable
Personal Liability: Conditions
To be held civilly liable, the following conditions must be met;
- Endowed with Reason : APT persons must be old enough (7 years or older) to appreciate the consequences of their actions. If not their actions are superior force and they may seek compensation from parental figures. Does not apply to susbtances.
- Fault : Must have commited a fault: where the consequences of the actions foreseeable to a person who is prudent, diligen and reasonable? Yes = Fault
- Damages : Fault must have caused Bodily, moral or material damages, punitive presently or in the future, direct or indirect (i.e. witness trauma?)
- The Causal Link : there is a link between the person’s act and the damages that were done.
Defences
You can defend yourself to escape civil liability
- Victims Actions : It was the victims own fault and contributory negligence . The risk may have also been forseeable when accepting an activity, acceptance of such is shown either through contractual waiver, a displayed notice, or a warning sign. You can also limit liability if the victim aggravates damages due to inactions of adressing the injury.
- Good Samaritan : You caused daage in the process of helping others.
- Superior Force : Damages were not within the control of the person being sued (natural disaters)
- Another party made it worse : Fault of another weighs heavier than their own fault. i.e. Baudoin v. T.W. Fireworks
- Improper Use : an object was improperly used causing the damage
Indirect Liability - Liability of a parent
When damadges are suffered due to the fault of a child:
- May sue the child if they are 7+
- May sue both the child & parent
- May sue the parent for which 3 conditions must be met:
- Child must be a minor
- Parent must have parental authority
- Damages must be the fault of the minor
A parent may free up liability if they can prove it was unforseeable and they had sufficient surveilance or that they provided a proper education of values.
Indirect Liability - Liability of a non-parent
A teacher of babysitter may also be held liable for damadges under the same three conditions.
The parents must have delegated suthority of the child over to the non-parent.
In their defence, they must prove adequate surveillance/ education over the delegated authority. If they aren’t being paid - they cannot be liable exept if its excplicitly their fault.
Indirect Liability - Liability for employees
Employers or organizations may be helf responsible for damages caused by their employees
Must be able to demonstrate that the employee is at fault during the course of theoir employement and that they are controlled by the employer.
Employer can negate liability if they prove the employee was acting on their own will or for his own benefit.
Indirect Liability - Liability for acts of an animal
Owner of an animal is liable for injuries caused by them.
- the animal must be domesticated
- owner and any other party given custody of the animal may be responsible at the same time.
- Damages must be of direct result of the animal.
Indirect Liability - Liability for damages due to ruin of an immovable
Owner of an immovable (building, elevator, land) is responsible for damages cause by its partial or total ruin.
Can negate liability by proving victoms neglegence/fault, improper use, or superior force (natural disaters)
Indirect Liability - Liability for manufacturers, distributor and seller for safety defects in movables.
- Damages cuased due to improper manufacturing
- Design of the product mya lead to damages when used.
- Safety defect results in improper preservation of product (food &refrigeration)
- Damages caused by improper use BUT with a lack of safety indications
The more complex a product, the more need for safety labelling
Can negate liability if you can prove that the victim knew of the safety defect, bought it and used the item in spite of this OR could have forseen the results. Or superior force
Responsibility for Acts of a Thing
A victim of damages cause by a thing may sue those who have the thing under their control (not necessarily own) .
