Study 4 Flashcards
What is the major difference between Common Law and the Civil Code of Québec?
Common law provinces have TORT LIABILITY, while Quebec has EXTRA-CONTRACTUAL LIABILITY.
What is a TORT?
A CIVIL WRONG that allows a victim to sue for damages.
How does the Civil Code of Québec handle civil wrongs?
Through EXTRA-CONTRACTUAL LIABILITY, which covers wrongs outside of contracts.
What does the civil law system allow for?
LAWSUITS to compensate injured parties for damages suffered.
What is extra-contractual liability?
Liability for civil wrongs that are NOT breaches of contract.
What must a plaintiff prove in an extra-contractual liability case?
That they SUFFERED AN INJURY due to the defendant’s actions.
In common law, what determines liability?
The law of torts, which includes negligence, nuisance, and defamation.
In Quebec, what determines liability?
The Civil Code of Québec, specifically its extra-contractual liability provisions.
What is a key similarity between tort liability and extra-contractual liability?
Both aim to compensate victims for harm suffered.
How does extra-contractual liability differ from contract law?
It deals with harm caused OUTSIDE of contracts, whereas contract law enforces agreements.
What is EXTRA-CONTRACTUAL LIABILITY in Quebec?
A CIVIL WRONG other than a breach of contract, similar to TORT in common law.
What does Book Five of the CIVIL CODE OF QUÉBEC cover?
It divides OBLIGATIONS into CONTRACTUAL and EXTRA-CONTRACTUAL categories.
What THREE ELEMENTS must a plaintiff prove to establish CIVIL LIABILITY in Quebec?
1) FAULT of the defendant, 2) INJURY or damage to the plaintiff, 3) CAUSAL LINK between fault and injury.
What article in the CCQ establishes a GENERAL DUTY OF CARE?
CCQ ARTICLE 1457.
What is a key difference between EXTRA-CONTRACTUAL LIABILITY and TORT LAW?
Quebec law is CODIFIED in the Civil Code, while common law relies on JURISPRUDENCE (court decisions).
What are the FIVE CATEGORIES of extra-contractual liability in the Civil Code of Québec?
1) One’s OWN ACT OR FAULT, 2) OTHERS’ ACTS, 3) ONE’S THINGS & BUILDINGS, 4) ONE’S ANIMALS, 5) MANUFACTURER liability.
What is the legal standard for determining FAULT in Quebec?
A person must abide by RULES OF CONDUCT based on circumstances, usage, and law.
Can a person WITHOUT REASON be held liable for their actions?
No, they must be ENDOWED WITH REASON, meaning they can distinguish right from wrong.
At what AGE is a minor generally NOT considered endowed with reason?
UNDER SEVEN years old.
How is a PROFESSIONAL’S standard of care determined?
Based on what is expected from OTHERS WITH SIMILAR EXPERIENCE (e.g., an obstetrician has a higher standard than a general practitioner).
Under CCQ ARTICLE 1459, when are PARENTS liable for their child’s actions?
Unless they prove they exercised proper CUSTODY, SUPERVISION, and EDUCATION.
When is a TEACHER or BABYSITTER liable for a minor’s wrongful act?
If they are ENTRUSTED with the child’s care and found NEGLIGENT (CCQ ARTICLE 1460).
Can a TUTOR be held responsible for an ADULT NOT ENDOWED WITH REASON?
Yes, but only if they commit a GROSS FAULT (CCQ ARTICLE 1461).
What is an EMPLOYER’S liability for an employee’s actions?
VICARIOUS LIABILITY—Employers are responsible for employee faults IN THE COURSE OF DUTIES (CCQ ARTICLE 1463).
When is an OWNER liable for DAMAGE CAUSED BY THEIR PROPERTY?
When it results from DEFECTIVE CONSTRUCTION OR MAINTENANCE (CCQ ARTICLE 1467).
What does ‘AUTONOMOUS ACT’ mean in liability for THINGS?
The thing ITSELF (without human intervention) causes damage—e.g., EXPLODING WATER HEATER (CCQ ARTICLE 1465).
Who is responsible if an ELECTRICAL CABLE short-circuits and causes a FIRE?
The OWNER of the building, as they are the CUSTODIAN of the thing.
Under CCQ ARTICLE 1466, who is liable for an ANIMAL causing harm?
BOTH the OWNER and USER of the animal at the time of the incident.
How does LIABILITY for animal attacks in Quebec compare to common law?
Quebec follows STRICT LIABILITY (plaintiff only proves injury), while common law requires proving OWNER NEGLIGENCE.
When is a MANUFACTURER liable for a defective product?
If a SAFETY DEFECT causes injury (CCQ ARTICLE 1468).
What is a SAFETY DEFECT under CCQ ARTICLE 1469?
A product DOES NOT MEET the safety standards a consumer NORMALLY EXPECTS.
Who ELSE can be liable for a DEFECTIVE PRODUCT, aside from the manufacturer?
RETAILERS and DISTRIBUTORS can also be liable.
Why are RETAILERS held liable for DEFECTIVE PRODUCTS?
To protect consumers who may not have ACCESS OR POWER to sue the manufacturer.
What is the concept of ABUSE OF RIGHT in Quebec law?
No one may EXERCISE A RIGHT with the intent to HARM ANOTHER (CCQ ARTICLE 7).
How did the Supreme Court apply ABUSE OF RIGHT in Houle v. Canadian National Bank?
The bank was found UNREASONABLE in calling back loans too quickly, harming shareholders.
What DEFENSE can a manufacturer use against a claim for a SAFETY DEFECT?
The defect DID NOT EXIST when the product left the manufacturer’s control (CCQ ARTICLE 1473).
What role does CONTRIBUTORY NEGLIGENCE play in extra-contractual liability?
If the plaintiff PARTLY CAUSED their own injury, their compensation may be REDUCED.
How does Quebec’s approach to PRODUCT LIABILITY compare to common law?
Quebec law applies STRICT LIABILITY for defective products, while common law requires proof of NEGLIGENCE.
What is the prescriptive period (time limit) for filing an extra-contractual liability claim in Quebec?
THREE YEARS from when the plaintiff became aware of the injury and its cause.
What is a key public policy reason behind strict liability for manufacturers?
To protect CONSUMERS, as manufacturers are in a better position to PREVENT DEFECTS & ABSORB COSTS.
What must the PLAINTIFF PROVE in an extra-contractual liability case?
That they have suffered an INJURY that meets the criteria in the CIVIL CODE OF QUEBEC.
What are the THREE TYPES of damages recognized in extra-contractual liability?
BODILY INJURY, MATERIAL DAMAGE, and MORAL PREJUDICE.
What is MORAL PREJUDICE in extra-contractual liability?
NON-ECONOMIC DAMAGES such as PAIN & SUFFERING, LOSS OF CONSORTIUM, and emotional distress.
What is the broader term for any consequence of a wrongful act in extra-contractual liability?
EXTRA-CONTRACTUAL PREJUDICE.
What must a PLAINTIFF prove to collect damages from a DEFENDANT?
That the defendant’s BREACH OF DUTY was the ACTUAL CAUSE of the damages.
What legal rule applies to CAUSATION in extra-contractual liability cases?
The PROXIMATE CAUSE RULE.
What does the PROXIMATE CAUSE RULE require?
An UNINTERRUPTED CHAIN OF EVENTS from the wrongful act to the injury, with no other MAIN INTERVENING CAUSE.
If another significant event occurs between the defendant’s act and the injury, what happens?
The CAUSAL LINK MAY BE BROKEN, preventing the plaintiff from recovering damages.
What happens if the PLAINTIFF CAN’T PROVE causation?
The claim FAILS, even if the defendant acted negligently.
Can the plaintiff recover damages if the injury was too remote from the act?
NO, because PROXIMATE CAUSE is required.
What is the purpose of DAMAGES in extra-contractual liability?
To COMPENSATE the plaintiff for their LOSS & LOST PROFIT (CCQ ARTICLE 1611).
Can a plaintiff claim damages for FUTURE INJURIES?
YES, if the future injury is CERTAIN & ASSESSABLE (CCQ ARTICLE 1611).
What kind of damages can a TRADE SECRET OWNER claim?
Compensation for INVESTMENT COSTS and LOST PROFITS (CCQ ARTICLE 1612).
What are MORAL DAMAGES used to compensate?
SOLATIUM DOLORIS (grief of a deceased’s family) & NERVOUS SHOCK.
Are DAMAGES AWARDED IN MONETARY FORM?
YES, all BODILY, MATERIAL, & MORAL DAMAGES are expressed in MONEY.
What law OVERRIDES all other laws in Quebec?
The CHARTER OF HUMAN RIGHTS & FREEDOMS (CHRF).
What rights are PROTECTED under the CHRF?
PERSONAL SECURITY, FREEDOM, EXPRESSION, PROPERTY RIGHTS, & REPUTATION.
What happens if someone WILLFULLY INTERFERES with a CHRF right?
The victim can claim COMPENSATION for MORAL & MATERIAL DAMAGES (CHRF ARTICLE 49).
What additional penalty applies to INTENTIONAL VIOLATIONS of CHRF rights?
The court may award PUNITIVE DAMAGES (CHRF ARTICLE 49).
What is the MAIN PURPOSE of punitive damages under the CHRF?
To PUNISH THE WRONGDOER & DETER FUTURE VIOLATIONS.
If a plaintiff sues for a BODILY INJURY, what must they prove?
That the DEFENDANT’S FAULT CAUSED the injury DIRECTLY.
If someone’s REPUTATION IS DAMAGED due to false statements, can they sue?
YES, under the CHRF, for MORAL & MATERIAL DAMAGES.
Can a PLAINTIFF CLAIM PROFITS LOST due to another’s wrongful act?
YES, as per CCQ ARTICLE 1611.
What is an example of an EXTRA-CONTRACTUAL MORAL DAMAGE?
NERVOUS SHOCK due to a traumatic event caused by the defendant.
Can a plaintiff recover damages if their injury was caused by a SEPARATE, UNRELATED EVENT?
NO, because the CAUSAL LINK IS BROKEN.
What is the main difference between Quebec’s legal system and that of other provinces in Canada?
Quebec follows a CIVIL LAW SYSTEM, while other provinces use COMMON LAW based on JURISPRUDENCE.
What is the primary source of law in Quebec?
The CIVIL CODE OF QUEBEC (CCQ).
What is Book Five of the Civil Code of Quebec called?
“OBLIGATIONS”.
How is Book Five of the CCQ divided?
Into EXTRA-CONTRACTUAL and CONTRACTUAL obligations.
Which Articles of the CCQ are related to obligations?
Articles 1457 to 1469.
How many categories of liability are outlined in the Civil Code of Quebec?
FIVE categories.
What is Liability for One’s Own Act in the Civil Code?
It refers to a person being responsible for their own WRONGFUL ACTS (Article 1457).
