CIP C13 - CH04 - Extra Contractual Liability in Quebec (Completed)

How is "safety defect" defined under CCQ Article 1469?

- A thing has a safety defect where, having regard to all the circumstances, it does not afford the safety which a person is normally entitled to expect: - particularly by reason of a defect in the design - or manufacture of the thing, - poor preservation or presentation of the thing, - or the lack of sufficient indications as to the risks - and dangers it involves or as to safety precautions.

Describe the STATUE that cover LIABILITY for one's THINGS.

- CCQ Article 1465: - A person entrusted with the custody of a thing is liable to reparation for injury resulting from the autonomous act of the thing, unless he proves he is not at fault. - Autonomous act means that the thing at the time was not subject to human interventions and the thing itself had a dynamic role in inflicting the damage.

Describe the STATUTE that cover LIABILITY for one's ANIMALS.

- CCQ Article 1466: - The owner of an animal is liable to reparation for injury it had caused, whether the animal was under his custody or that of a third person, or had strayed or escaped; - A person making use of the animal is, together with the owner, also liable during that time. - Strict liability; plaintiff does not need to prove the owner was at fault, but merely prove his injury.

*(MAQ 4) Prosafe, a Quebec based manufacturer specializes in hydraulic lift used by elderly people to maneuver in and out of a bathtub or shower. The manufacturer distributes its product to several main retailer's in Quebec. Recently a elderly woman in Montreal suffered a broken hip from using this lift purchased from a retailer. Prosafe and the retailer were aware of this could potentially happen, but they failed to notify the general public. The elderly woman is suing Prodafe and the retailer in negligence. Based on the CCQ, would liability be applied to the manufacturer, or the retailer or both. Explain including any relevant legal cases.

- CCQ Articles 1468, 1469, and 1473 cover liability for safety defects in products. - The principle is roughly in line with the decision of the Supreme Court of Canada in Kravitz v. General Motors. - In this case, the court held that the dealer and the manufacturer of a new car were jointly, and severally liable for damages and for the price of the car - 1468 CCQ - The manufacturer of a movable property is liable to reparation for injury caused to a third person by reason of a safety defect in the thing, - even if it is incorporated with or placed in an immovable for the service or operation of the immovable - The lift had a safety defect that was the cause of the woman's injuries. - 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 retailers who sell goods received from the manufacturer, often without an opportunity to test them or without opening the package. - Supported by the case: Veranda Industries Inc. v. Beaver Lumber.

How is gross fault described in JURISPRUDENCE in reference to the liability of tutor and curators?

- Fault of such recklessness that the most uncaring person would not have committed it.

Provide an example of both GENERAL and SPECIFIC PROOF in regards to PARENTAL SUPERVISION.

- General proof: good education. - Specific proof; strict supervision at the time of the incident.

What does CCQ Article 976 provide regarding the obligations of neighbours?

- Neighbours do not have to endure annoyances that are beyond the limit of tolerance according to the nature or location of the land or to local custom. - It is not necessary to establish fault. - Trouble de voisinage.

What is DUTY OF CARE expected of the people in CCQ Article 1457?

- People are expected to abide by appropriate rules of conduct so as not to injure another. - Courts will consider the circumstances, usage, and law. - A person who does not conduct himself carefully may incur liability for harm suffered by a third party.

Describe the Duty of the Good Samaritan according to Quebec's Charter of Human Rights and Freedoms.

- Quebec's Charter of Human Rights and Freedoms imposes a duty on everyone to help a person in peril. - The law encourages its citizens to come to the aid of others in need by limiting the scope of liability for such individuals.

What were the results of Kravitz v General Motors [1979] in relation to CCQ Articles 1468, 1469 and 1473?

- The court held that the dealer and the manufacturer of a new car were jointly, and severally liable for damages and for the price of the car. - The manufacturer was liable under the warranty against latent defects not only to the immediate purchaser (the dealer) but also the any subsequent purchaser to the car.

What must a plaintiff prove to the court before they can collect damages?

- The defendant's breach of duty was what caused the damages. - Proximate rules applies: there must be evidence of an uninterrupted unfolding of events from the initial act to the conclusion, without the intervention of another main cause.

A manufacturer is liable for injury caused to a third person by a safety defect in its product. According to CCQ Article 1468, name 2 other categories of persons upon whom the same liability rests.

- The manufacturer of a movable property is liable to reparation for injury casued to a third person by reason of a safety defect in the thing, even if it is incorporated with or placed in an immovable for the service or operation of the immovable. - The same rule applies to a person who distributes the thing under his name or as his own and to any supplier of the thingm whether a wholesaler or a retailer or not he imported the thins

What must PARENTS PROVE to AVOID BEING LIABLE for the ACT of their CHILDREN?

- The minor has been well supervised, well-raised, and adequately educated. - They had warned their child against using dangerous objects (knives, slingshots, lighters) and they did not show the child any bad habits, that the child was successful at school and so on.

Under CCQ Article 1466, who is responsible for any damages caused by an animal?

- The owner and the person making use of the animal are jointly liable for any damages it causes. - For example, your friend walks your dog, and the dog bites a neighbour, both you and your friend are liable.

Describe the STATUE that cover LIABILITY for one's BUILDINGS.

- The person is accountable for damage caused by his buildings. - CCQ Article 1467: - The owner of an immovable, without prejudice to his liability as custodian, is liable to reparation for injury caused by its ruin even partial, where this has resulted from lack of repair or from a defect of construction.

What 3 elements must the plaintiff establish in liability suit?

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.

What are 5 CATEGORIES of EXTRA-CONTRACTUAL OBLIGATIONS according to Book Five of the CCQ?

1. Liability for one's own act or fault. 2. Liability for other's acts. 3. Liability for damages caused by one's things or buildings. 4. Liability for damages caused by one's animals. 5. Liability of the manufacturer.

*(MC) Minor children are usually considered to be endowed with reason at what age?

7 years old.

Give an example of a custodian.

A babysister.

What is EXTRA- CONTRACTUAL LIABILITY?

A civil wrong other than a breach of contract.

*(MC) Under the Civil Code of Quebec, exemplary damages can be awarded when?

A person interferes with the Charter of Human Rights and Freedoms Act

*(MC) Garvey was entrusted to watch Joey's house while he was away on vacation. Joey also asked Garvey to feed and walk his dog daily. As Garvey was walking Joey's dog, it became restless and bit the hand of a passerby. Joey's dog did not have a previous history of being vicious. The passerby sued the owner of the animal. Under the Civil Code of Quebec, who would have been responsible for the animal's action under these circumstances?

According to the CCQ, Joey the owner, and the individual entrusted with the animal Garvey, are jointly responsible for the damage or injury the animal caused.

What can be claimed in damages in Quebec?

Bodily injury, material property damage, and moral prejudice.

Which case enforced liability under the equivalent of CCQ Article 1465?

City of Montreal. v Watt & Scott. - When a sewer pipe broker in Montreal and water escaped from it into the cellars of some residences, the city was held liable under an earlier version of what is now CCQ Article 1465. - Because the pipe and the water it contained were things under the city's custody.

*(MC) Which legal principle was established in the case Wabasso Ltd. v. National Drying Machinery Co?

Contractual liability.

*(MNQ 4) Custodians are identified in the CCQ to assumed liable for another's negligence. Explain how they can avoid liability for another's negligence or acts.

Custodians: - Custodians are responsible for actions of minor under their even though they are not their parents. - Custodian are deemed not liable if acting gratuitously or for reward - As onus of proof reverts back to the plaintiff.

*(MC) Joe Smith is the owner of Barnie, the pit bull. Joe Smith's friend, Jason Bigley, stops by and decides to take Barnie for a walk. While walking Barnie, Jason unleashes him to run in the nearby dog park. While unleashed, Barnie runs down Susie, who is out taking a Sunday stroll with her pet poodle, Pepi, and doesn't see Barnie. She is injured in the process. Who would be found liable under Quebec's law?

Joe Smith and Jason Bigley jointly.

*(MC) In Québec, a person may be held liable not only for the consequences of their own acts but for those of other people. This article is described as?

Liability for Others' Act.

*(MNQ 4) Define negligence as outlined in CCQ Article 1457.

Negligence as per CCQ Article 1457: - Every person has a duty to abide by the rules of conduct that lie upon him. - According to the circumstances. - Usage or Law. - So as not to cause injury to another.

*(MNQ 4) Parents are identified in the CCQ to be assumed liable for another's negligence. Explain how they can avoid liability for another's negligence or acts.

Parents: - parents are responsible for the actions of their own children or minors under their authority. - parents are deemed not liable if they can prove they committed no fault with regards to the custody, supervision, or education of the minor. - The proof would need to general and specific.

*(MNQ 4) Identify 4 categories of persons identified in the CCQ who might be held liable for another's negligence. Include the party whose negligence they must assume liability.

Parents: - parents are responsible for the actions of their own children or minors under their authority. Custodians: - Custodians are responsible for actions of minor under their even though they are not their parents. Tutors: - Tutors/curators are responsible for the actions of someone of age of majority who is not endowed with reason if they are also guilty of deliberate or gross fault in exercising custody. Principals: - Principals are responsible for the actions and performance of agents and servants, although they retain the right of subrogation.

*(MNQ 4) Principals are identified in the CCQ to assumed liable for another's negligence. Explain how they can avoid liability for another's negligence or acts.

Principals: - Principals are responsible for the actions and performance of agents and servants, although they retain the right of subrogation. - Principals are deemed not liable for acts committed by an employee that cause damage to another employee (Workers Compensation).

*(MAQ 4) Prosafe, a Quebec based manufacturer specializes in hydraulic lift used by elderly people to maneuver in and out of a bathtub or shower. The manufacturer distributes its product to several main retailer's in Quebec. Recently a elderly woman in Montreal suffered a broken hip from using this lift purchased from a retailer. Prosafe and the retailer were aware of this could potentially happen, but they failed to notify the general public. The elderly woman is suing Prodafe and the retailer in negligence. Does the faulty lift design qualify as a safety defect under the CCQ?

Safety defect under the CCQ 1466 - Defines a thing has a safety defect where, having regard to all the circumstances, it does not afford the safety which a person is normally entitled to expect: - particularly by reason of a defect in the design - or manufacture of the thing, - poor preservation or presentation of the thing, - or the lack of sufficient indications as to the risks - and dangers it involves or as to safety precautions. - The lift did not provide the safety that the consumer was entitled to. - A defect was discovered in the design of the product which endangered the women. - The defect in the lift would be considered a safety defect under the CCQ.

*(MC) Which legal principle was established in the case Banque Nationale du Canada v. Houle?

The abuse of right involved in contractual liability.

*(MC) Parents are responsible for their children's acts causing damages unless they can prove what?

The minor has been well-supervised, well-raised, and adequately educated.

*(MC) Which legal principle was established in the case City of Montreal v. Scott?

The ruling liability of a person in custody of a dangerous thing.

Under CCQ Article 1465, what is meant by an "autonomous act"?

The thing at the time was not subject to human intervention and the the thing itself had a dynamic role in inflicting the damage.

*(MC) Section 1436 of the Quebec Civil Code, provides that employers are liable for the negligence of their employees unless?

They are fault causing damage to another employee.

*(MNQ 4) Tutors are identified in the CCQ to assumed liable for another's negligence. Explain how they can avoid liability for another's negligence or acts.

Tutors: - Tutors/curators are responsible for the actions of someone of age of majority who is not endowed with reason if they are also guilty of deliberate or gross fault in exercising custody. - Tutors must prove that they are not guilty of a deliberate or gross fault in exercising custody.

*(MC) Which legal case involves a finding of liability against the manufacturer and the retailer and in an example of the heavy burden placed on retailers?

Veranda Industries Inc v. Beaver Lumber.

How do courts determine whether a person is 'ENDOWED WITH REASON?'

Whether the person is able to distinguish right from wrong. A person who is mentally incapacitated may not meet this test. Certain minors have also been categorized as not endowed with reason. CCQ requires persons to be endowed with reason tin order to be held liable for his wrongful act.