Study 4 - Quebec: Extra-Contractual Liability

Question 1

What are the categories of extra-contractual liability as contained in the Civil Code of Quebec?

Answer 1

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 for the Manufacturer

Question 2

What elements must be present to establish civil liability per the Civil Code of Quebec?

Answer 2

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

Explain liability for One’s Own Act or Fault

Answer 3

“Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another.”

• If this person is endowed with reason they can be held liable.
• They are liable for injury whether bodily, moral or material in nature.
• That person is bound to make reparation for injury caused to another by the act, omission or fault

Question 4

Explain Liability for Others Acts

Answer 4

Civil Code of Quebec
“He is also bound, in certain cases, to make reparation for injury caused to another by the act, omission or fault of another person or by the act of things in his custody”

• Liability of Parents for Minor Children
• Liability for Custodians or Teachers of Minors
• Liability of Tutors and Curators for Adults not Endowed with Reason
• Liability of Employers for Employees

Question 5

What is Watt and Scott v. City of Montreal, (1920) 1920 CanLII 476 (SCC), 60 SCR 523) known for?

Answer 5

This case is used to highlight LIABILITY FOR ONE’S THINGS AND BUILDINGS in the Civil Code of Quebec.

The water pipe broke and flooded basements.
The City was sued and held liable under this part of the code.
Because the pipe and water it contained were things under the city’s custody.

Question 6

Describe Liability for One’s Animals

Answer 6

Another part of the Civil Code of Quebec
“The owner of an animal is bound to make reparation for injury it has caused, whether the animal was under his custody or that of a third person, or had strayed or escaped.”

Question 7

What is the case GM Products of Canada v. Kravitz, [1979] 1 SCR 790 known for as it pertains to the Civil Code of Quebec and Extra-Contractual Liability?

Answer 7

Liability of the Manufacturer
In this case the dealer and manufacturer of a new car were jointly and severally liable for damages and for the price of the car. The manufacturer was liable under a warranty against latent defects not only to the immediate purchaser (the dealer) but also to any subsequent purchaser of the car.

“The Manufacturer of a moveable thig is bound to make reparation for injury caused to a third person by reason of a safety defect in the thing…
The same rule applies to a person who distributes the thing under his name or as his own and to any supplier of the thing, whether a wholesaler or a retailer and whether or not he imported the thing.”

Manufaturers / distributors are still liable for that moveable thing even if it is incorporated into or in an immoveable thing.

Consumers want to sue someone and often the retailer/wholesaler/distributor is the “nearest” legal entity to the consumer. Rather difficult to sue a foreign entity.

Question 8

Define Abuse of Right as per the Civil Code of Quebec

Answer 8

• Abuse of Right: No one can exert their right with the intent of injuring another in an excessive and unreasonable manner

Question 9

What is the Case of St. Laurent Cement v. Barrette, [2008] 3 SCR 392, 2008 SCC 64 known for?

Answer 9

Quebec, Civil Code, Extra-Contractual Liability
Other General Concept of Liability
OBLIGATIONS OF NEIGHBOURS

basically if a neighbor is being a nuisance beyond the limit of tolerance according to the nature of the location of the land or local custom they can be found liable.

Noxious smells, sounds, dust, etc were emitted by the operations of the cement company.

Question 10

What other General Concept of Liability states that “every human whose life is in peril has a right to assistance. [And that] Every person must come to the aid of anyone whose life is in peril…unless it involves danger to himself or to a third person…”?

Answer 10

Duty to the Good Samaritan

Question 11

What concept is the case of Veranda Industries Inc. v. Beaver Lumber, 1992 CanLII 3322(QC CA)) used to illustrate?

Answer 11

Consumer Protection, Liability of the Manufacturer
Beaver lumber was found liability as a retailer
Veranda Industries was found liable as a manufacturer
Due to failure of screws used to lock the ladder in place.

Question 12

Explain three forms of damages allowed per the Civil Code of Quebec

Answer 12

1. ) Bodily Injury
2. ) Material damage (property damage)
3. ) Moral prejudice

Question 13

What is moral prejudice in regards to Extra-Contractual Liability of the Civil Code of Quebec?

Answer 13

NON-ECONOMIC DAMAGES - pain and suffering, loss of consortium (partnership with another), and other less tangible things

Question 14

Define the Proximate Cause rule

Answer 14

There must be evidence of an UNINTERRUPTED / UNFOLDING of events FROM THE INITIAL ACT / TO THE CONCLUSION, without the intervention of another main cause.

Evidence of
     an Initial act 
---uninterrupted----\\\\unfolding////
------to the conclusion
WITHOUT 
intervention 
of another main cause

Question 15

Why is the Charter of Human Rights and Freedoms (CHRF) important in Extra-Contractual Liability?

Answer 15

Because a person who willfully interferes with one of the rights in the Charter can be subject to punitive damages.