Indirect Liability (Lesson 6.2) Flashcards
What is indirect liability?
It refers to situations where you are held liable for someone else’s fault, even though you personally did nothing wrong.
Vicarious Liability – CCQ 1457 (3rd Paragraph)
What does the third paragraph of CCQ 1457 state?
A person may be bound to make reparation for injury caused by another person’s act or by a thing in their custody.
What is an example of vicarious liability?
Employer liability under CCQ 1463 — employers are automatically liable for damages caused by their employees during the course of employment.
Does the employer have a defense under CCQ 1463?
No, the employer’s liability is absolute.
Parental Authority – CCQ 1459
When are parents liable for their child’s actions?
If a minor under their authority causes harm, the parent is liable unless they prove no fault in the child’s custody, supervision, or education.
How can parents avoid liability?
By showing:
The child has no history of bad behavior
They provided adequate supervision
When is it harder for parents to avoid liability?
If the child has a history of misbehavior, suggesting poor supervision.
Who is a tutor or curator under Quebec law?
A person appointed by the court to assist a protected adult with medical or mental limitations.
When is a tutor or curator liable?
Only if they commit a separate fault, like leaving dangerous items accessible.
What is a protected person?
An adult judged by the court to need assistance with daily decisions or protection.
Owner of an Animal – CCQ 1466
Who is liable for injuries caused by an animal?
The owner is always liable, even if:
The animal is not in their custody
The animal escaped or strayed
Who else may be liable in such cases?
Anyone using the animal at the time of the incident (e.g., someone borrowing a horse for a ride).
Example of shared liability?
If a borrowed horse kicks a cyclist, both the owner and the rider are liable.
