Chapter 5 - C13 Insurance Against Liability – Part 1 Download

STUDY 5 – Defences and Negligence Cases (Quebec).pdf    View or Download

Terms	Definitions
What is the standard that every person has a duty to respect?	every one 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 is the first line of defence for a defendant against a liability action?	the first line is to show that he respected the rules of conduct.
In Quebec a defendant may escape liability by showing that he or she is not endowed with what quality?	that he is not endowed with reason.
Describe the defence available in Quebec based on superior force.	a person may free himself from liability for injury caused by proving that the injury results from a superior force.
What is the Good Samaritan rule in Quebec?	every person must come to the aid of anyone whose life is in peril unless it involves a danger to himself or to a third party.
For what type of damages can a person limit his or her liability?	only in material injury cases.
What must a party prove existed at the time the contract was formed to invoke a limit to an obligation?	the party must prove that a notice stipulating the exclusion or limitation was known to the other party when the contract was formed
Is a person permitted to exclude or limit his or her obligation to a third party? Explain.	may not limit his obligation to a third party by notice, but can constitute a warning of danger
List four instances where a presumption of liability for acts of others rests upon a defendant.	as a tutor of a minor, person entrusted with the custody of a thing, owner of an animal, owner of an immovable (prove ruin not from defect or repair)
Who may be liable to a third party because of a safety defect in a thing?	the manufacturer and the retailer.
What rights are granted to the consumer in the Consumer Protection Act of Quebec?	the rights of action against the manufacturer.
When might a consumer have recourse against a merchant or a manufacturer?	when there is a latent defect in the goods forming the object of the contract
What are the two pleadings unavailable to a merchant or manufacturer under the CPA?	they cannot plead that he was unaware of the defect or lack of instructions.
How does the Civil Code of Quebec treat volenti non fit injuria?	plaintiff's assumption of risk is not a complete defence in court.
How much time does a plaintiff generally have to file a suit?	3 years from the accident to file a suit.
What is the time limitation for a claim of defamation?	within 1 year in which the defamed person learned of the defamation.