Study 4

Question 1

What is the major difference between Common Law and the Civil Code of Québec?

Answer 1

Common law provinces have TORT LIABILITY, while Quebec has EXTRA-CONTRACTUAL LIABILITY.

Question 2

What is a TORT?

Answer 2

A CIVIL WRONG that allows a victim to sue for damages.

Question 3

How does the Civil Code of Québec handle civil wrongs?

Answer 3

Through EXTRA-CONTRACTUAL LIABILITY, which covers wrongs outside of contracts.

Question 4

What does the civil law system allow for?

Answer 4

LAWSUITS to compensate injured parties for damages suffered.

Question 5

What is extra-contractual liability?

Answer 5

Liability for civil wrongs that are NOT breaches of contract.

Question 6

What must a plaintiff prove in an extra-contractual liability case?

Answer 6

That they SUFFERED AN INJURY due to the defendant’s actions.

Question 7

In common law, what determines liability?

Answer 7

The law of torts, which includes negligence, nuisance, and defamation.

Question 8

In Quebec, what determines liability?

Answer 8

The Civil Code of Québec, specifically its extra-contractual liability provisions.

Question 9

What is a key similarity between tort liability and extra-contractual liability?

Answer 9

Both aim to compensate victims for harm suffered.

Question 10

How does extra-contractual liability differ from contract law?

Answer 10

It deals with harm caused OUTSIDE of contracts, whereas contract law enforces agreements.

Question 11

What is EXTRA-CONTRACTUAL LIABILITY in Quebec?

Answer 11

A CIVIL WRONG other than a breach of contract, similar to TORT in common law.

Question 12

What does Book Five of the CIVIL CODE OF QUÉBEC cover?

Answer 12

It divides OBLIGATIONS into CONTRACTUAL and EXTRA-CONTRACTUAL categories.

Question 13

What THREE ELEMENTS must a plaintiff prove to establish CIVIL LIABILITY in Quebec?

Answer 13

1) FAULT of the defendant, 2) INJURY or damage to the plaintiff, 3) CAUSAL LINK between fault and injury.

Question 14

What article in the CCQ establishes a GENERAL DUTY OF CARE?

Answer 14

CCQ ARTICLE 1457.

Question 15

What is a key difference between EXTRA-CONTRACTUAL LIABILITY and TORT LAW?

Answer 15

Quebec law is CODIFIED in the Civil Code, while common law relies on JURISPRUDENCE (court decisions).

Question 16

What are the FIVE CATEGORIES of extra-contractual liability in the Civil Code of Québec?

Answer 16

1) One’s OWN ACT OR FAULT, 2) OTHERS’ ACTS, 3) ONE’S THINGS & BUILDINGS, 4) ONE’S ANIMALS, 5) MANUFACTURER liability.

Question 17

What is the legal standard for determining FAULT in Quebec?

Answer 17

A person must abide by RULES OF CONDUCT based on circumstances, usage, and law.

Question 18

Can a person WITHOUT REASON be held liable for their actions?

Answer 18

No, they must be ENDOWED WITH REASON, meaning they can distinguish right from wrong.

Question 19

At what AGE is a minor generally NOT considered endowed with reason?

Answer 19

UNDER SEVEN years old.

Question 20

How is a PROFESSIONAL’S standard of care determined?

Answer 20

Based on what is expected from OTHERS WITH SIMILAR EXPERIENCE (e.g., an obstetrician has a higher standard than a general practitioner).

Question 21

Under CCQ ARTICLE 1459, when are PARENTS liable for their child’s actions?

Answer 21

Unless they prove they exercised proper CUSTODY, SUPERVISION, and EDUCATION.

Question 22

When is a TEACHER or BABYSITTER liable for a minor’s wrongful act?

Answer 22

If they are ENTRUSTED with the child’s care and found NEGLIGENT (CCQ ARTICLE 1460).

Question 23

Can a TUTOR be held responsible for an ADULT NOT ENDOWED WITH REASON?

Answer 23

Yes, but only if they commit a GROSS FAULT (CCQ ARTICLE 1461).

Question 24

What is an EMPLOYER’S liability for an employee’s actions?

Answer 24

VICARIOUS LIABILITY—Employers are responsible for employee faults IN THE COURSE OF DUTIES (CCQ ARTICLE 1463).

Question 25

When is an OWNER liable for DAMAGE CAUSED BY THEIR PROPERTY?

Answer 25

When it results from DEFECTIVE CONSTRUCTION OR MAINTENANCE (CCQ ARTICLE 1467).

Question 26

What does 'AUTONOMOUS ACT' mean in liability for THINGS?

Answer 26

The thing ITSELF (without human intervention) causes damage—e.g., EXPLODING WATER HEATER (CCQ ARTICLE 1465).

Question 27

Who is responsible if an ELECTRICAL CABLE short-circuits and causes a FIRE?

Answer 27

The OWNER of the building, as they are the CUSTODIAN of the thing.

Question 28

Under CCQ ARTICLE 1466, who is liable for an ANIMAL causing harm?

Answer 28

BOTH the OWNER and USER of the animal at the time of the incident.

Question 29

How does LIABILITY for animal attacks in Quebec compare to common law?

Answer 29

Quebec follows STRICT LIABILITY (plaintiff only proves injury), while common law requires proving OWNER NEGLIGENCE.

Question 30

When is a MANUFACTURER liable for a defective product?

Answer 30

If a SAFETY DEFECT causes injury (CCQ ARTICLE 1468).

Question 31

What is a SAFETY DEFECT under CCQ ARTICLE 1469?

Answer 31

A product DOES NOT MEET the safety standards a consumer NORMALLY EXPECTS.

Question 32

Who ELSE can be liable for a DEFECTIVE PRODUCT, aside from the manufacturer?

Answer 32

RETAILERS and DISTRIBUTORS can also be liable.

Question 33

Why are RETAILERS held liable for DEFECTIVE PRODUCTS?

Answer 33

To protect consumers who may not have ACCESS OR POWER to sue the manufacturer.

Question 34

What is the concept of ABUSE OF RIGHT in Quebec law?

Answer 34

No one may EXERCISE A RIGHT with the intent to HARM ANOTHER (CCQ ARTICLE 7).

Question 35

How did the Supreme Court apply ABUSE OF RIGHT in Houle v. Canadian National Bank?

Answer 35

The bank was found UNREASONABLE in calling back loans too quickly, harming shareholders.

Question 36

What DEFENSE can a manufacturer use against a claim for a SAFETY DEFECT?

Answer 36

The defect DID NOT EXIST when the product left the manufacturer’s control (CCQ ARTICLE 1473).

Question 37

What role does CONTRIBUTORY NEGLIGENCE play in extra-contractual liability?

Answer 37

If the plaintiff PARTLY CAUSED their own injury, their compensation may be REDUCED.

Question 38

How does Quebec’s approach to PRODUCT LIABILITY compare to common law?

Answer 38

Quebec law applies STRICT LIABILITY for defective products, while common law requires proof of NEGLIGENCE.

Question 39

What is the prescriptive period (time limit) for filing an extra-contractual liability claim in Quebec?

Answer 39

THREE YEARS from when the plaintiff became aware of the injury and its cause.

Question 40

What is a key public policy reason behind strict liability for manufacturers?

Answer 40

To protect CONSUMERS, as manufacturers are in a better position to PREVENT DEFECTS & ABSORB COSTS.

Question 41

What must the PLAINTIFF PROVE in an extra-contractual liability case?

Answer 41

That they have suffered an INJURY that meets the criteria in the CIVIL CODE OF QUEBEC.

Question 42

What are the THREE TYPES of damages recognized in extra-contractual liability?

Answer 42

BODILY INJURY, MATERIAL DAMAGE, and MORAL PREJUDICE.

Question 43

What is MORAL PREJUDICE in extra-contractual liability?

Answer 43

NON-ECONOMIC DAMAGES such as PAIN & SUFFERING, LOSS OF CONSORTIUM, and emotional distress.

Question 44

What is the broader term for any consequence of a wrongful act in extra-contractual liability?

Answer 44

EXTRA-CONTRACTUAL PREJUDICE.

Question 45

What must a PLAINTIFF prove to collect damages from a DEFENDANT?

Answer 45

That the defendant’s BREACH OF DUTY was the ACTUAL CAUSE of the damages.

Question 46

What legal rule applies to CAUSATION in extra-contractual liability cases?

Answer 46

The PROXIMATE CAUSE RULE.

Question 47

What does the PROXIMATE CAUSE RULE require?

Answer 47

An UNINTERRUPTED CHAIN OF EVENTS from the wrongful act to the injury, with no other MAIN INTERVENING CAUSE.

Question 48

If another significant event occurs between the defendant’s act and the injury, what happens?

Answer 48

The CAUSAL LINK MAY BE BROKEN, preventing the plaintiff from recovering damages.

Question 49

What happens if the PLAINTIFF CAN’T PROVE causation?

Answer 49

The claim FAILS, even if the defendant acted negligently.

Question 50

Can the plaintiff recover damages if the injury was too remote from the act?

Answer 50

NO, because PROXIMATE CAUSE is required.

Question 51

What is the purpose of DAMAGES in extra-contractual liability?

Answer 51

To COMPENSATE the plaintiff for their LOSS & LOST PROFIT (CCQ ARTICLE 1611).

Question 52

Can a plaintiff claim damages for FUTURE INJURIES?

Answer 52

YES, if the future injury is CERTAIN & ASSESSABLE (CCQ ARTICLE 1611).

Question 53

What kind of damages can a TRADE SECRET OWNER claim?

Answer 53

Compensation for INVESTMENT COSTS and LOST PROFITS (CCQ ARTICLE 1612).

Question 54

What are MORAL DAMAGES used to compensate?

Answer 54

SOLATIUM DOLORIS (grief of a deceased’s family) & NERVOUS SHOCK.

Question 55

Are DAMAGES AWARDED IN MONETARY FORM?

Answer 55

YES, all BODILY, MATERIAL, & MORAL DAMAGES are expressed in MONEY.

Question 56

What law OVERRIDES all other laws in Quebec?

Answer 56

The CHARTER OF HUMAN RIGHTS & FREEDOMS (CHRF).

Question 57

What rights are PROTECTED under the CHRF?

Answer 57

PERSONAL SECURITY, FREEDOM, EXPRESSION, PROPERTY RIGHTS, & REPUTATION.

Question 58

What happens if someone WILLFULLY INTERFERES with a CHRF right?

Answer 58

The victim can claim COMPENSATION for MORAL & MATERIAL DAMAGES (CHRF ARTICLE 49).

Question 59

What additional penalty applies to INTENTIONAL VIOLATIONS of CHRF rights?

Answer 59

The court may award PUNITIVE DAMAGES (CHRF ARTICLE 49).

Question 60

What is the MAIN PURPOSE of punitive damages under the CHRF?

Answer 60

To PUNISH THE WRONGDOER & DETER FUTURE VIOLATIONS.

Question 61

If a plaintiff sues for a BODILY INJURY, what must they prove?

Answer 61

That the DEFENDANT’S FAULT CAUSED the injury DIRECTLY.

Question 62

If someone’s REPUTATION IS DAMAGED due to false statements, can they sue?

Answer 62

YES, under the CHRF, for MORAL & MATERIAL DAMAGES.

Question 63

Can a PLAINTIFF CLAIM PROFITS LOST due to another’s wrongful act?

Answer 63

YES, as per CCQ ARTICLE 1611.

Question 64

What is an example of an EXTRA-CONTRACTUAL MORAL DAMAGE?

Answer 64

NERVOUS SHOCK due to a traumatic event caused by the defendant.

Question 65

Can a plaintiff recover damages if their injury was caused by a SEPARATE, UNRELATED EVENT?

Answer 65

NO, because the CAUSAL LINK IS BROKEN.

Question 66

What is the main difference between Quebec's legal system and that of other provinces in Canada?

Answer 66

Quebec follows a CIVIL LAW SYSTEM, while other provinces use COMMON LAW based on JURISPRUDENCE.

Question 67

What is the primary source of law in Quebec?

Answer 67

The CIVIL CODE OF QUEBEC (CCQ).

Question 68

What is Book Five of the Civil Code of Quebec called?

Answer 68

"OBLIGATIONS".

Question 69

How is Book Five of the CCQ divided?

Answer 69

Into EXTRA-CONTRACTUAL and CONTRACTUAL obligations.

Question 70

Which Articles of the CCQ are related to obligations?

Answer 70

Articles 1457 to 1469.

Question 71

How many categories of liability are outlined in the Civil Code of Quebec?

Answer 71

FIVE categories.

Question 72

What is Liability for One’s Own Act in the Civil Code?

Answer 72

It refers to a person being responsible for their own WRONGFUL ACTS (Article 1457).