Study 5 Flashcards
What is the key difference between Quebec and common law provinces?
Quebec relies on STATUTE, while common law uses PRECEDENT.
What causes liability in Quebec?
LIABILITY arises from a breach of OBLIGATION.
What’s the difference between CONTRACTUAL and EXTRA-CONTRACTUAL liability?
CONTRACTUAL liability is from a breach of a contract; EXTRA-CONTRACTUAL is from a breach of LAW.
What type of liability does Quebec law deal with?
Quebec law deals with both CONTRACTUAL and EXTRA-CONTRACTUAL liability.
What is the focus of this study?
The study explores DEFENCES against EXTRA-CONTRACTUAL liability in Quebec.
What does the Civil Code of Quebec say about defences for negligence?
Defendants have several DEFENCES, including denial, superior force, and voluntary assumption of risk.
What’s the key issue with CCQ Article 1474?
You can’t use a defence for GROSS FAULT like reckless or careless behaviour.
What’s the onus of proof in Quebec?
The PLAINTIFF must prove the facts of the lawsuit (Article 2803), but the DEFENDANT may have to prove they were NOT at fault.
What does Article 1459 say about liability for others’ actions?
A tutor must prove they didn’t commit a fault in supervising a minor (Article 1459).
What is the ‘denial’ defence?
The defendant can deny FAULT, INJURY, or the CAUSAL LINK between the two.
How can being ‘not endowed with reason’ help a defendant?
If a defendant doesn’t have reason (intellectual disability), they might avoid LIABILITY (Article 1462).
What is ‘superior force’ in Quebec?
Superior force (force majeure) refers to UNCONTROLLABLE events like natural disasters that can excuse LIABILITY (Article 1470).
What does voluntary assumption of risk mean?
If the victim knowingly accepts risk, they can still sue but LIABILITY is reduced based on circumstances (Article 1477).
What’s the deal with disclaimers?
If the plaintiff knew about a LIMITATION clause in a contract, the defendant might be off the hook (Articles 1475-1476).
How does the Good Samaritan defence work?
If you help someone in need, you’re usually exempt from LIABILITY unless you commit INTENTIONAL or GROSS FAULT (Article 1471).
What does Article 1478 say about contributory negligence?
If the victim’s own FAULT contributed, damages are shared based on each person’s responsibility (Article 1478).
How does joint and several liability work in Quebec?
If multiple people are at fault, each can be held fully responsible, and the plaintiff can sue anyone for full compensation (Article 1480).
What’s the effect of a gross fault in Quebec?
You can’t escape LIABILITY for GROSS FAULTS, such as intentional harm or extreme carelessness (Article 1474).
Can a defendant deny all fault in Quebec?
Yes, they can DENY FAULT if they followed the rules and didn’t cause harm.
What’s the significance of being ‘endowed with reason’ in Quebec law?
Only people ‘endowed with reason’ can be held LIABLE for their actions (Article 1462).
What’s the meaning of ‘presumption of fault’?
If the defendant is presumed at fault, they need to prove they weren’t (CCQ Articles 1459, 1465).
What type of events are considered ‘superior force’?
EVENTS like natural disasters, wars, or unforeseen equipment failures, which no one could prevent (Article 1470).
Does voluntary assumption of risk mean the plaintiff can’t sue at all?
Not at all! The plaintiff can still sue, but liability is reduced depending on their actions (Article 1477).
Can you limit liability with a disclaimer in Quebec?
You can try, but the injured party must be aware of the limitation when the contract was made (Article 1475).
Is there any exception for the Good Samaritan when it comes to liability?
Yes! They’re exempt unless they commit INTENTIONAL or GROSS FAULT while helping (Article 1471).
What happens if multiple people contribute to the injury?
LIABILITY gets shared among them based on each person’s level of fault (Article 1478).
What does joint and several liability mean for plaintiffs?
If they can’t figure out who did what, they can sue any one person and get FULL compensation (Article 1480).
What does CCQ Article 1726 say about LATENT DEFECTS in products?
The SELLER must make sure the product is free of LATENT DEFECTS that affect its use or value, unless the BUYER knew about them.
What’s a defence for a MANUFACTURER if they couldn’t know about a defect?
If the defect wasn’t known at the time of MANUFACTURE, the MANUFACTURER is off the hook (CCQ Article 1473).
What’s the deal with an APPARENT DEFECT in Quebec law?
An APPARENT DEFECT is something a careful BUYER can spot without expert help (CCQ Article 1726).
Can a SELLER avoid liability if the defect was known to the BUYER?
Nope! If the BUYER knew about the defect, the SELLER’s not off the hook (CCQ Article 1726).
What must PRODUCT SUPPLIERS and DISTRIBUTORS do in Quebec?
They must make sure their products are FIT for sale and free of LATENT DEFECTS (CCQ Article 1730).
What’s EXTRA-CONTRACTUAL LIABILITY in product cases?
It means the MANUFACTURER, DISTRIBUTOR, or RETAILER could be on the hook for product defects, even if there’s no direct contract with the harmed person (CCQ Article 1468).
What happens if a PRODUCT doesn’t have enough WARNING LABELS?
The MANUFACTURER or SELLER is still LIABLE if they didn’t warn about the defect (CCQ Article 1469).
What does CCQ Article 1469 say about SAFETY DEFECTS?
A product is DEFECTIVE if it doesn’t meet the safety EXPECTATIONS of an average person, especially due to poor DESIGN or no WARNINGS (CCQ Article 1469).
What happened in the Véranda Industries case?
The RETAILER was held LIABLE along with the MANUFACTURER for an INJURY caused by a defective LADDER (CCQ Article 1468).
Can a victim’s ‘assumption of risk’ stop them from claiming COMPENSATION?
Nope! Even if the victim took a risk, they still have the right to claim compensation (CCQ Article 1477).
Can a MANUFACTURER claim ignorance of a DEFECT in the CONSUMER PROTECTION ACT?
No! Under the CONSUMER PROTECTION ACT, they can’t plead ignorance about defects or missing safety instructions (Section 53).
Can someone who bought a DEFECTIVE product secondhand still sue?
Yup! They can still SUE the MANUFACTURER even if they weren’t the original BUYER (Consumer Protection Act, Section 53).
What must a MANUFACTURER do under the CONSUMER PROTECTION ACT?
They must ensure their product is FREE from defects and has all necessary SAFETY INSTRUCTIONS (Section 53).
How does the CONSUMER PROTECTION ACT protect against DEFECTS without a contract?
It lets you sue the MANUFACTURER directly for defects even if you didn’t buy the product from them (Section 53).
What’s a SELLER’S WARRANTY in simple terms?
The SELLER must ensure the product is free of LATENT DEFECTS and FIT for use (CCQ Article 1726).
What are the 3 defences a MANUFACTURER has for SAFETY DEFECTS?
1) The defect wasn’t known at the time of production, 2) The buyer could’ve known, 3) The MANUFACTURER provided proper warnings (CCQ Article 1473).
What if the buyer knew about the defect?
If the buyer KNEW or SHOULD have known about the defect, the MANUFACTURER isn’t LIABLE (CCQ Article 1473).
Can a MANUFACTURER get off the hook for defects that were impossible to know about?
Yep, if it was impossible to know about the defect at the time of manufacture, they’re not liable (CCQ Article 1473).
What happens if the product has a SAFETY DEFECT?
The MANUFACTURER, DISTRIBUTOR, or RETAILER could be liable for injuries caused (CCQ Article 1468).
What’s a LATENT DEFECT?
It’s a hidden problem in a product that only shows up after some use—something the average buyer wouldn’t notice right away (CCQ Article 1726).
Can a product be defective even if it looks fine?
Yes! If it’s not safe or lacks proper warnings, it can still be defective (CCQ Article 1469).
What’s the deal with RISK ASSUMPTION?
Even if you take a risky action, you still have the right to compensation for an injury caused by a defect (CCQ Article 1477).
Can a MANUFACTURER escape liability under the CONSUMER PROTECTION ACT if they don’t know about a defect?
Nope! The law assumes they know about defects or missing instructions (Section 53).
Who can sue under the CONSUMER PROTECTION ACT for a DEFECTIVE product?
Any consumer, including someone who bought the product secondhand, can sue the MANUFACTURER (Section 53).
What should a MANUFACTURER do to avoid liability for defects?
They must provide clear warnings and ensure the product is safe to use (CCQ Article 1469).
What’s the general LIMITATION PERIOD in Quebec?
It’s usually THREE YEARS from when the harm occurred or when the person knew about it (Civil Code).
Can the COURT extend damages for bodily injury in Quebec?
Yes! The COURT can extend the damages for up to THREE YEARS if the physical condition can’t be precisely determined (CCQ Article 1615).
When does the LIMITATION PERIOD start for children?
It starts when the CHILD reaches adulthood. Until then, the PRESCRIPTION doesn’t run (CCQ Article 2905).
If a child is harmed before birth, when can they sue?
They can sue once they’re an ADULT, starting their PRESCRIPTION period then (CCQ Article 2905).
What’s the LIMITATION PERIOD for accidents in Quebec?
It’s THREE YEARS from the accident, but with a MAXIMUM of TEN YEARS to file (CCQ Articles 2921 & 2925).
What happens if the damage from an accident shows up slowly?
The LIMITATION starts from the day the injury first appears (CCQ Article 2926).
Can a LIMITATION PERIOD be longer than 10 years for an accident?
Nope! The EXTINCTIVE prescription limit is a MAXIMUM of TEN YEARS (CCQ Article 2922).
When do you need to file a libel case in Quebec?
You must file within ONE YEAR from when you first learned of the defamation (CCQ Article 2929).
What’s EXTINCTIVE PRESCRIPTION?
It’s a way to lose the right to a claim if you don’t use it in a certain time (CCQ Article 2921).
Can a PRESCRIPTION period extend for more than TEN YEARS?
Not for most cases, but some specific laws may change this limit (CCQ Article 2922).
How long does someone have to file a lawsuit for libel?
ONE YEAR from when they found out about the defamation (CCQ Article 2929).
What’s the rule for ACCIDENTS in Quebec?
You have THREE YEARS to file after an accident, with an overall limit of TEN YEARS (CCQ Article 2925).
What does CCQ Article 2926 say about gradual injury?
For gradual injuries, the LIMITATION period starts when the injury is first noticed (CCQ Article 2926).
Can the COURT reserve additional damages for bodily injuries?
Yes! But only for a maximum of THREE YEARS if the injury is still uncertain (CCQ Article 1615).
What’s the rule about prescription for MINORS in Quebec?
The prescription doesn’t start running against minors until they reach adulthood (CCQ Article 2905).
What’s the difference between bodily and moral injury prescription?
For gradual injuries, the LIMITATION period starts when the injury first appears (CCQ Article 2926).
How does Quebec handle libel cases?
You need to file a LIBEL claim within ONE YEAR of discovering the defamation (CCQ Article 2929).
If someone suffers bodily injury over time, when does the limitation begin?
It begins when the injury is first noticed (CCQ Article 2926).
How long can a COURT extend damages for bodily injury in Quebec?
Up to THREE YEARS if the injury’s progress isn’t clear yet (CCQ Article 1615).
What’s the general prescription for PERSONAL RIGHTS in Quebec?
It’s usually THREE YEARS unless another law says otherwise (CCQ Article 2925).
When can a person take action for defamation in Quebec?
Within ONE YEAR of discovering the defamation (CCQ Article 2929).
Can a defendant escape liability for GROSS FAULT?
Nope! The Civil Code prohibits success for a defendant who committed a GROSS FAULT.
Can a defendant defend themselves from liability?
Yes! They can argue they followed the RULES OF CONDUCT to avoid being liable for damages.
Who has the ONUS OF PROOF in a lawsuit?
The PLAINTIFF must prove the facts of the lawsuit (Civil Code).
What are the key criteria for a DENIAL DEFENCE?
Deny FAULT, INJURY, or the CAUSAL LINK to make the denial defence work.
What’s the defence for someone who’s not endowed with REASON?
They may have a defence under the Civil Code for not being able to understand their actions (lacking reason).
What’s FORCE MAJEURE?
It’s SUPERIOR FORCE—events beyond control that are not anyone’s fault or negligence.
What’s VOLUNTARY ASSUMPTION OF RISK?
When the victim knowingly accepts risk, they can still sue but LIABILITY is reduced based on circumstances.
What is required for a denial defence to work?
Deny FAULT, INJURY, or the CAUSAL LINK.
What is FORCE MAJEURE?
It’s SUPERIOR FORCE—events beyond control that are not anyone’s fault or negligence.
What is VOLUNTARY ASSUMPTION OF RISK?
When the victim KNOWINGLY accepts the risk of an activity (victim can still sue).
Can a disclaimer in a contract help a defendant?
Yes! If the injured party knew about the LIMITATION when the contract was made, the defendant can use it.
Can GOOD SAMARITANS limit their liability?
Yes! If they didn’t cause harm intentionally or through GROSS FAULT, they can limit liability for extra injury.
What is CONTRIBUTORY NEGLIGENCE?
When the victim is partially responsible, damages can be divided between the defendant and the injured party.
Are manufacturers liable for product defects?
Yes! They must ensure their products are SAFE for consumers, as per the Civil Code.
Can a manufacturer escape liability for a defect they didn’t know about?
Yes, if the defect was impossible to know due to the state of knowledge at the time of manufacture.
What’s the rule about APPARENT DEFECTS in products?
Sellers don’t need to warranty APPARENT DEFECTS—those visible to a diligent buyer.
Who is liable for defective products in Quebec?
Manufacturers, distributors, wholesalers, and retailers all face liability for defective products.
Can manufacturers claim ignorance to avoid liability?
No! The Consumer Protection Act doesn’t let them plead ignorance about defects.
Can consumers take action if no contract existed with the manufacturer?
Yes! They can still take action for a defective product under the Consumer Protection Act.
How does the Civil Code help with uncertain injury cases?
It allows extensions for additional damages if the physical condition can’t be precisely determined at judgment.
How does the Civil Code protect CHILDREN in lawsuits?
The rules about LIMITATION PERIODS and lawsuits are special for children (they start when they reach adulthood).
What does the Civil Code say about ACCIDENTS and LIBEL cases?
It outlines specific LIMITATION PERIODS for both (check the Civil Code for details).
