Study 5 - Quebec: Defences Against Extra-Contractual Liability Flashcards
What are the four (4) defences available to a person sued for negligence in Quebec?
- Denial
- of fault
- of injury
- of causal link
- Not endowed with reason
A person with an intellectual disability can avoid liability. A person unable to understand the rules of conduct cannot be held liable - Superior Force
aka force majeure (act of god in common law defence)
wars, fires, failure of equiptment, labour unrest
Voluntary Assumption of Risk
Not a complete defence. Liability must be assessed according to the circumstances. The defendant must rely on other defences to avoid a finding of fault.
– Disclaimers - must be posted and must be proved that the injured party was aware of the disclaimer and limitations.
What are two other defences in against Extra-Contractual Liability in the Civil Code of Quebec?
Defences for a Good Samaritan - protects Samaritans against liability unless injury is due to intentional or gross fault
Contributory Negligence of the Victim
Means that fault can be shared and liability apportioned
SIMILAR TO CONTRIBUTOR NEGLIGENCE UNDER COMMON LAW
Explain the three (3) defences that manufacturers, sellers can use against extra-contractual liability in Quebec
Manufacturers - 1.) free from liability if they can prove that the victim knew the product was defective at time of purchase, 2.) OR can prove that they COULD NOT have known of the defect at the time of manufacturer, OR 3) that they informed the buyers immediately upon having knowledge of the defect.
Sellers - free from liability if they can prove that the defect was apparent to the buyer at the time of purchase
Extra-Contractual Liability and manufacturers
still holds that manufacturers can be held liable to consumers. For example Veranda Industries Inc. v. Beaver Lumber whereby a purchaser was injured by a defective ladder sold by Beaver and manufactured by Veranda.
How does the consumer protection act negate CCQ Article 1473 defense that manufacturers can plead ignorance at the time of an injury
1473 defence says that if a manufacturer can prove they didn’t have knowledge of a defect they cannot be liable. The Consumer Protection Act says that a manufacturer or seller are expected to know such details about their own products. 1473 applies only to commercial transactions
What is a limitation period?
A limitation period is the time in which a person can bring a suit against another legal entity from date of knowledge of harm. Generally this is three (3) years.
When does the limitation period begin for children?
When they reach the age of majority
When does the limitation period expire for accidents?
10 years from the accident date.
What is the limitation period for libel?
The limitation period for libel is one year from the day on which the defamed person learned of the defamation
