Introduction to Civil Liability (Lesson 6.1) Flashcards
What are the two main types of liability under Quebec civil law?
Contractual liability (CCQ 1458) – For breach of contract
Non-contractual liability (CCQ 1457) – Also called civil liability, for breaching a general duty not to injure others
What does CCQ 1458 cover?
If you breach a contract, you are liable for any bodily, moral, or material damages caused by that breach.
Is a contract required for CCQ 1458 to apply?
Yes, there must be a valid contract between the parties.
What does CCQ 1457 establish?
Every person has a duty not to cause injury to others. If they breach this duty, and are endowed with reason, they are liable for the damage caused.
What kinds of damage are compensable under CCQ 1457?
Bodily (e.g., physical injury)
Moral (e.g., psychological harm)
Material (e.g., property damage or financial loss)
What must be proven for liability under CCQ 1457?
A fault
The person was endowed with reason
Causation between the fault and the injury
What are the three degrees of fault under CCQ 1457?
Negligence or carelessness (lowest level)
Gross negligence – reckless disregard for others’ safety
Intentional fault – deliberate intent to injure
What does “endowed with reason” mean?
The person has the** mental capacity to distinguish right from wrong.**
What is the minimum age for being considered “endowed with reason”?
Seven years old for civil liability.
(Twelve years old for criminal liability in Canada.)
Can a child under seven be held civilly liable under CCQ 1457?
No, because they are presumed not to be endowed with reason.
What is a common example of non-contractual liability?
A student runs down a hallway, knocks someone over, and causes injury. There’s no contract, but the student breached their duty to act reasonably.
