Study 4: Quebec: Extra-Contractual Liability - Summary

Question 1

Principle of Extra-Contractual Liability

Answer 1

In Quebec, most legal obligations and rights are codified in the Civil Code of Québec. It includes extra-contractual liability, which is a civil wrong other than a breach of contract.

Duty of care for members of society can be roughly divided into five categories:

1. Liability for one’s own act or fault
2. Liability for others’ acts
3. Liability for damages caused by one’s things and buildings
4. Liability for damages caused by one’s animals
5. Liability of the manufacturer

Question 2

Elements Required to Establish Civil Liability

Answer 2

A plaintiff instituting a lawsuit for extra-contractual liability in Quebec must establish three elements to the satisfaction of the court:

1. Fault on the part of the defendant
2. Injury or damage suffered by the plaintiff
3. Causal link between the fault and the injury or damage

Question 3

Liability for One’s Own Act or Fault

Answer 3

People are expected to abide by appropriate rules of conduct so as not to injure another. The Civil Code requires a person to be endowed with reason in order to be held liable for his or her wrongful conduct.

Question 4

Liability for Others’ Acts

Answer 4

A person may be held liable not only for the consequences of their own acts but for those of other people. Includes the following:

• Liability of parents for minor children
• Liability of custodians or teachers for minors
• Liability of tutors and curators for adults not endowed with reason
• Liability of employers for employees

Question 5

Liability of Parents for Minor Children

Answer 5

Persons having parental authority are liable for a minor’s acts causing damage unless the parents can prove the minor has been well supervised, well raised, and adequately educated (ex. would have to prove they were warned against using dangerous objects)

Question 6

Liability of Custodians or Teachers for Minors

Answer 6

A teacher or a babysitter can be liable under CCQ Article 1460. However, where this person is acting gratuitously (without pay) or for reward, the burden of proof reverts back to the plaintiff.

Question 7

Liability of Tutors and Curators for Adults Not Endowed with Reason

Answer 7

Persons acting as tutors or curators for adults who are not endowed with reason can be held liable for the latter’s acts if the tutors or curators have been guilty of a deliberate or gross fault (a fault of such recklessness that the most uncaring person would not have committed it)

Question 8

Liability of Employers for Employees

Answer 8

• Principals (i.e. employers) are liable for the faults of their agents (employees) committed in the course of their duties
• This does not apply to an employee’s fault causing damage to another employee

Question 9

Liability for One’s Things and Buildings

Answer 9

• Holds that a person is accountable for damage caused by his or her things, animals, or buildings.
• Watt and Scott v. City of Montreal - city was held liable under CCQ Article 1465 for damages caused by water escaping from a pipe because the pipe was a thing under the city’s custody

Question 10

Liability for One’s Animals

Answer 10

• The owner of an animal and the person making use of the animal are jointly liable for any damage it causes.
• This is a type of strict liability in that the plaintiff does not need to prove the owner was at fault; the plaintiff merely has to prove his or her injury.

Question 11

Liability of the Manufacturer

Answer 11

• The manufacturer of a movable thing is bound to make reparation for injury caused to a third person due to a safety defect.
• Safety defect: it does not afford the safety which a person is normally entitled to expect due to error in design, manufacture, or lack of sufficient indications as to risks
• The same rule applies to a person who distributes the thing and to any supplier, whether a wholesaler or retailer (Consumer Protection Act)
• General Motors Products of Canada v. Kravitz - court held that both the dealer and manufacturer of a car were jointly liable for damages caused by a defect in the car

Question 12

Other General Concepts of Liability

Answer 12

• Abuse of Right
• Obligations of Neighbours
• Duty of the Good Samaritan

Question 13

Abuse of Right

Answer 13

No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to the requirements of good faith.

Question 14

Obligations of Neighbours

Answer 14

Neighbours do not have to endure annoyances that are beyond the limit of tolerance according to the nature or location of the land or to local custom (ex. a cause of action against a neighbour is possible if that neighbour prevents others from enjoying their property)

Question 15

Duty of the Good Samaritan

Answer 15

Quebec’s Charter of Human Rights and Freedoms imposes a duty on everyone to help a person in peril, either personally or by calling for aid, and limits the scope of liability for such individuals. An exception is if it involves danger to themselves or to a third person, or they have another valid reason.

Question 16

Explain why, as per the Civil Code of Québec, the plaintiff must prove his or her injury

Answer 16

• In Quebec, the plaintiff is responsible for proving his or her injury, which must fall within guidelines as set out in the Civil Code. Damages allowed within the guidelines of the Civil Code include:
  
  • bodily injury;
  • material damage (property damage); and
  • moral prejudice (i.e. non-economic damages such as pain and suffering)
• Causation: A plaintiff can only collect damages from a defendant if the plaintiff can show the court that the defendant’s breach of duty was in fact what caused the damages being claimed. The proximate cause rule applies.
• Damages: The Civil Code of Québec provides guidelines for litigants as to what damages can be claimed in cases of extra-contractual liability or contractual liability. Damages are expressed in monetary terms. Moral damages have been used to compensate solatium doloris (the harm felt by a spouse or relative of a deceased party) and also to compensate the plaintiff in cases of nervous shock.