Chapter 4 - C13 Insurance Against Liability – Part 1 Download

STUDY 4 – Negligence – the A.B.C. Rule (Quebec).pdf  View or Download

Terms	Definitions
What three elements must be established by the plaintiff in a liability suit?	a duty of care exists, breach of that duty occurred, causal relationship between the breach and damages is shown.
What is the standard of care required of depositaries and mandataries?	2283 C.C.Q. - The depositary shall act with prudence and diligence in the safekeeping of property. 2138 C.C.Q. - A mandatary is bound to fulfill the mandate he has accepted and he shall act with prudence and diligence in performing it.
What are the four categories of liability associated with duty of care in Quebec?	liability for one's negligence, for other's acts, for damages caused by one's things, animals and buildings, of the manufacturer
What is an extracontractual prejudice?	It is the consequence of a wrongful act outside any contractual obligations.
What is the liability of individuals for their own acts of negligence in the C.C.Q?	Every person has a duty to abide by the rules of conduct which lie upon him according to the circumstances, usage or law, so as not to cause injury to another.
What are the "certain cases" where one may be held liable for another's negligence?	In certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.
How does the law in Quebec differ from the Common Law provinces in regard to parents responsibility for their children's negligence?	Persons having parental authority are liable for the minor's negligence or acts causing damages, unless they can prove they have well supervised, raised and educated them.
Describe the three statutes that cover liability for one's things, animals or buildings.	things - 1465 C.C.Q.  animals - 1466 C.C.Q.  property - 1467 C.C.Q.
Which case enforced liability under the equivalent of section 1465 C.C.Q.	Montreal v. Watt & Scott (1922) - the city was held liable because the pipe and the water it contained were things under its custody.
What were the results of Kravitz v. General Motors [1979] in relation to sections 1468,1469 and 1473 of the C.C.Q.?	the manufacturer being liable on a warranty against latent defects not only to the immediate purchaser (the dealer), but also to any subsequent purchaser of the car. A manufacturer is liable for injury caused by a safety defect in its product, to a third person.
Name two other categories of persons upon whom the same liability rests.	1. the same liability rests with persons who distribute the thing under his name or as his own 2. to any supplier of the thing. e.g. wholesaler or a retailer.
What defence is available to the manufacturer, distributor or supplier of movable property under section 1473 C.C.Q.?	- not liable if he proves that the victim knew or could have known of the defect, or could have foreseen the injury. - prove that defect was not foreseeable - prove that he was neglectful to provide info when aware of defect.
Briefly describe the sections that were enacted to deal with asbestos.	3129 C.C.Q - rules of code are imperative in matters of civil liabiity for damage suffered as a result of exposure to or to the use of raw materials, originating in or outside Quebec. 21.1 C.C.P. - court of Quebec has exclusive jurisdiciton to hear in first instance all demands or actions founded under 3129 C.C.Q. 180.1 C.C.P. - the recognition and execution of a judgment rendered outside Quebec shall be denied where by reason of the subject matter,
Describe the duties relating to contract outlined in section 1458 C.C.Q.	every person has a duty to honour his contractual undertakings. where he fails, he is liable for any bodily, moral or material injury he causes to the other contracting party.
What can be claimed in damages in Quebec?	damages resulting from delictual liability or contractual liability.
What are the guidelines for structured settlements in Quebec?	In bodily injury cases, the Court can impose structured settlements and the case isn't really closed until three years after judgment.
How do courts award compensation for loss of future income in Quebec?	It must be noted that the courts compensate the loss of capacity to earn income and not the loss of future salary. There is one other kind of damage which may be awarded in negligence cases: this is punitive or exemplary damages.
How are damages affected by Quebec's Charter of Human Rights and Freedoms?	Quebec's legislature several years ago enacted its Charter of Human Rights and Freedoms which overrides any other law enacted by the legislature and by which it must abide. If someone willfully interferes with one of these rights, he can be subject to exemplary damages under section 49 of the Charter.