Module 4

Question 1

3 liability regimes in Quebec

Answer 1

• Civil (contractual and extracontractual)
• criminal
• penal

Question 2

3 elements that establish liability

Answer 2

• Fault -responsible for misfortune
• Damage - injury be it bodily, moral or material
• Casual connection between fault and damage - was damage caused by fault ?

Question 3

Extracontractual civil liability

Answer 3

When an individual is endowed with reason, he is responsible for any injury he causes to another person by such fault .. 3 elements still needed to prove liability unless civil codes allows presumption of guilt and then only damage need be proved

Question 4

Presumption of fault in extracontractual liability (7)

Answer 4

1 Parental authority
2 Custodian to a minor (anyone with temp custody or supervision of child) if custodian has committed personal fault
3 Curators and tutors if gross fault is found
4 Employers (can claim liability $ back from employee)
5 Animal owner or custodian (custodian also liable if making use of animal)
6 Ruins of a building (prove damage)
7 Trouble with neighbours (dust from cement plant)

Question 5

Contractual civil liability

Answer 5

General rule by which whomever agrees to a contract must respect the contract or be subject to damages

Question 6

5 ways to mitigate or exonerate civil liability

No remedy awarded for acts more than 3 years from the date of fault

Answer 6

Assumption of risk
Good Samaritan defence
Superior force
Disclosure of trade secret
Apportionment of liability
(Shared liability in proportion to seriousness of the fault of each)

Question 7

No fault liability (3) acts

Answer 7

1 Quebec automobile insurance act
2 act respecting industrial accidents and occupational diseases
3 crime victims compensation act

Question 8

Professional civil liability in relation to brokers

Answer 8

1. If breaching rules of professional ethics (public order, cannot be overwritten by a contract)
   Breach of obligation to verify, inform and advise (anything that can negatively affect any of the parties)

Question 9

Acquired rights with regards to vacant lots and the act to preserve agricultural land

Answer 9

Vacant lots benefit from acquired rights for non-agricultural use if the lot was used for non agricultural purposes before the provisions of this act came into force on November 9 1978. Therefore may be subdivided, alienate or use for non agricultural purposes without authorization from the commission so long as he complies with municipal regulations