Limitation of Liability (Part 2) – Lesson 6.5 Flashcards
Waivers – CCQ 1474
What is a liability waiver?
A contract participants must sign before risky activities (e.g., rafting, marathons) that attempts to remove the organizer’s liability if injury occurs.
What types of damages can a waiver legally exclude?
Only material damages caused by simple negligence.
What types of damages cannot be waived under CCQ 1474?
Bodily injuries (e.g., broken bones)
Moral injuries (e.g., trauma)
Material damage caused by gross negligence or intentional fault
Can you sue even after signing a waiver?
Yes, if you can prove the operator was grossly negligent or intentionally at fault, or if you suffered bodily or moral injury.
Notice Excluding Liability – CCQ 1475
What is a notice excluding liability?
A posted sign (e.g., at a coat check) stating the organization won’t be responsible for loss/damage.
When is such a sign enforceable?
Only if it’s clearly visible to a reasonable person approaching the area.
What can invalidate this kind of notice?
If the damage occurred due to gross negligence or intentional fault, such as staff leaving the post unattended.
Notice of Warning – CCQ 1476
What is a “notice of warning”?
A sign warning of a danger, such as “Beware of Dog” or “Danger – Construction Site”.
Does this automatically protect the owner from liability?
No – the court evaluates contributory negligence based on the facts (e.g., age and behavior of the victim).
Who might still be held liable despite a warning sign?
A property owner may still be partly or fully liable, especially if they were negligent (e.g., leaving a dangerous dog unattended).
Voluntary Assumption of Risk – CCQ 1477
What is voluntary assumption of risk?
If someone willingly participates in a risky activity (e.g., sports), they accept the normal risks, but not risks from rule violations.
Example: Getting hit by a baseball = accepted risk.
Being hit by a bat thrown in anger = not an accepted risk.
Contributory Negligence – CCQ 1478
What does CCQ 1478 cover?
The victim’s own fault may reduce or eliminate the other party’s liability.
Can a victim be 100% responsible for their injury?
Yes — for example, if someone ignores danger signs, climbs over a fence, and is injured, they might be found completely at fault.
Aggravation of Injury – CCQ 1479
What happens if the victim worsens the damage after the incident?
The responsible party is not liable for aggravated harm caused by the victim’s inaction.
Example: You break someone’s window, but they don’t fix it for two months. You’re not liable for the rain damage that followed.
Solidary Liability – CCQ 1480
What is solidary liability?
When multiple people commit a wrongful act, each is liable for 100% of the total damages.
Can the victim collect 300% from three wrongdoers?
No – the victim can collect 100% total, but can choose to collect from any one of them.
What happens to the person who pays the full amount?
They can sue the others for their share.
Punitive Damages – CCQ 1621
Are punitive damages always available in Quebec civil law?
No – they are only allowed when a specific statute authorizes them.
Example of a law that allows punitive damages?
Section 49 of the Quebec Charter of Human Rights, for violations of dignity, honor, or reputation (e.g., assault).
Can compensatory and punitive damages be claimed together?
Yes – compensatory under CCQ 1457, and punitive under a statute like the Quebec Charter.
