Chapter 6

Question 1

Describe proximate cause and a relevant case referred to proximate cause

Answer 1

The negligence of the defendant must be effective or proximate cause of the injury or damage. In other words, there must exist and uninterrupted unholding of events, from the initial act to the conclusion, without the intervention of another cause.

A prime example of proximate cause is found in the English case Scott versus Shepherd in this case, the defendant threw a lighted firecracker into a crowded market, where it fell on a stall. The occupier of the stall threw it away to avoid danger and it fell on another stall, where it was similarly thrown away. This happened several times until the firecracker eventually exploded, causing injury to a plaintiff the defendant who lived and then threw the firecracker in the first place was held liable.

Question 2

Define tortfeasor

Answer 2

A wrongdoer, a party guilty of a tort

Question 3

Define joint and several liability

Answer 3

Under joint and several liability or all sums, a claimant May pursue an obligation against any one party as if he or she were jointly liable, and it becomes the responsibility of the defendants to sort out their respective portions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligators for contribution to their share of the liability. Joint in several liability is most relevant in toward claims, whereby the plaintiff May recover all the damages from any of the dependents regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law.

Question 4

Describe joint tortfeasor

Answer 4

When two or more persons commit a tort acting together, the negligence is joint. If sued, the wrongdoers may become joint tortfeasor if the evidence shows that the acted together and that their negligent behavior was approximate cause of the resulting loss.

If the cause of the resulting damage or injury is considered to be in divisible, each of the wrong door is liable for all of the damage. The plaintiff may choose which to collect from, basing their decision on who is better able to pay. If the loss can be divided, the court May hold each defendant liable only for that part of the damage.

Question 5

Explain solidarity obligation in Quebec

Answer 5

The civil code of Quebec provides that in the case of multiple tort fevers in extra contractual matters, anyone defendant may be liable for the entire share of a judgment. The solidarity obligation corresponds to the common law principle of joint and several liability.

Question 6

Define vicarious liability

Answer 6

Legal liabilities incurred go beyond someone’s own activities. People can be held responsible for the actions of others in a variety of ways when they conduct such actions on their behalf.

Question 7

List three situations where unique relationships are formed and from which liability can arise

Answer 7

1. Principal and agent relationship
2. Master and servant / employer and employee relationship.
3. Independent contractor relationship

Question 8

Define agent

Answer 8

A person licensed an authorized or employed to act on behalf of another

Question 9

Principle

Answer 9

The individual or corporation whose performance is guaranteed in suretyship

Question 10

Define principle and agent relationship

Answer 10

An agent acts on another’s behalf and the general rule is that the principal is responsible for such acts. Qui facit per alium facit per se- one who acts through another acts himself. The agent and principal must be aware of each other’s intentions, which are usually embodied in some form of an agreement, either expressed or implied.

Question 11

How can agency be created? List 4 things

Answer 11

1. Contact
2. Ratification
3. Estoppel
4. Necessity

Question 12

Explain mandator and mandatary

Answer 12

Under the civil cortical back, the law of agency arises as mandatory and mandatary and it is quite similar to common law rules on agency

Question 13

Define independent contractors

Answer 13

I relationship exists with contractors who, and consideration of fees for service or work, undertake to perform for other certain duties involving to use of their special skills. This relationship is not that of employer and employee because the contractors functions independently and without the constant supervision of the principal or owner.

Question 14

Describe general contractors

Answer 14

Independent contractors can be general contractors. General contractors hire and coordinate other independent contractors to get the job done. The contractor hired by the general contractor is referred to as a subcontractor. A subcontractor provides some service or material for the performance of the principal contractors contract

Question 15

Describe subcontractor

Answer 15

The contractor hired by the subcontractor is referred to as a subcontractor and so on. In the contractual relationship between the general contractor and the client, the general contractor typically agrees to accept responsibility for the work done including that part done by subcontractors. In the contractual relationship between the general contractor and the subcontractor, the general contractor often agrees to assume responsibility for the subcontractors work.

Question 16

List three exceptions to the rule of the sub subcontractor

Answer 16

1. Dangerous work is undertaken
2. Unlawful work is done
3. The principal interferes with the contractor

Question 17

Explain the exception of dangerous work

Answer 17

When a specialist firm is hired by a general contractor to complete dangerous work, that firm is responsible because of the nature of the work. However, the general contractor also shares in responsibility if there is any cause for it. For example, a general contractor’s project involves blasting, which is performed by specialist firm. The specialist firm is responsible for any damage done by the blasting. However, the general contractor also remains liable to damage or injury arise

Question 18

In explain the exception of unlawful work under subcontractor

Answer 18

When unlawful work is done, the law does not support the party guilty of it. And typically, liability for unlawful work is not recoverable under a liability policy

Question 19

Explain interference under the exception of a subcontractor

Answer 19

Other exceptions relates to instances when the contractor, the independent and name, thesis to really be independent because of interference in his or her operation by the employer or principal who knows better. For example, when the principal gives instructions on how a job is to be done the principal will be liable for the consequences.

Question 20

Define feasance

Answer 20

The performance of an act. Illegal term for doing or accomplishing something

Question 21

Misfeasance

Answer 21

The improper performance of something that is legal to do

Question 22

Nonfeasance

Answer 22

The mission to perform duties which by law one is bound to do. The failure to perform an act required by law

Question 23

Malfeasance

Answer 23

Unintentional act which in itself is unlawful or wrongful and is conducted by someone in an official capacity as an official duty, especially by officials or public employees

Question 24

List three categories negligent acts are often categorized as

Answer 24

1. Misfeasance
2. Nonfeasance
3. Malfeasance

Question 25

Municipalities in Quebec

Answer 25

In quebec, a municipality, be it a town, A city, or smaller municipal corporation, is liable like any individual in towards under ccq article 1457 and under statutes like the cities and towns act, the municipal code, and specific city charters

Question 26

Tenants legal liability

Answer 26

It seems natural to assume that if the premises were damaged by a fire of unknown origin, the tenant would not be obligated to carry out repairs. However, when tenants have caused the damage, the exception in the least does not apply and the tenant will be held responsible for repairs.

Question 27

Who is defined as a class action member?

Answer 27

A class action member is defined as a person being part of a group on whose behalf a person brings or intends to bring a class action.

There are, however, conditions, one of which is that a person has to obtain authorization from the court to institute such an action.

Question 28

What two circumstances May a class action arise?

Answer 28

1. Each member of the class has the same interest and not just a similar interest in the subject matter of the litigation
2. The claim against a discredible fund or an asset existing for the benefit of the class and their only remains to be determined the right on the plaintiffs to the asset in whole or in part and the right of the individual members of the class to a part of the total class entitlement

Question 29

List the three main points of an act respecting class actions

Answer 29

1. Prior authorization of the Superior Court must be obtained. The plaintiff members, part of a group on behalf of which they intend to bring class action, must prove that the group shares an interest in identical, similar, or related questions of law or fact the court must agree that the members to whom the court intends to ascribe the status of representatives are in a position to represent the members adequately. If the representatives do not bring their demand within 3 months of this authorization, the court May declare it no longer valid
2. Every final judgment describes the group and binds the members who have not requested exclusion from the group. The court order collective recovery if the evidence produced enables the total amount of the claim of the members to be accurately established, it then determines the amount owed by The detour even if the identity of each of the members or the exact amount of the claims is not established
3. The judgment ordering the collective recovery of the claim orders the debtor either to deposit the established amount with the court or to carry out the process in another appropriate way. The judgment may also fix terms and conditions of payment. The prothonotary acts of seizing officer on behalf of the members

Question 30

Define judgment interest

Answer 30

Liability policies generally cover interest levied on the damage awarded up to the limit of the policy. However, interest occurring after the entry of judgment is payable over and above the limit of insurance - but only on the part of the judgment that falls within the limit of liability.

Question 31

Pre judgement interest on goods

Answer 31

Historically, courts have been receptive to claims for prejudgment interest for claims arising from contractoral obligations for economic loss. The interest on money owing on goods occurs from the date that payment was due and not the date the plaintiff made recovery at trial

Question 32

Non-economic damages

Answer 32

Many restrictions now how specific legislation allowing prejudgment interest from the date of the notice of claim until the date of judgment for non-economic damages.

Question 33

Post judgment interest

Answer 33

In common law provinces and territories, interest usually runs from the date judgment is rendered until the damages are paid. And some restrictions, the court determines the date from which interest is paid. In quebec, for instance, the interest is computed on the amount specified in the judgment from the day the action is file to the day when it is paid