Defences Against Extra-Contractual Liability in Quebec – Chapter 5

40 vocabulary flashcards covering core legal terms, Civil Code articles, and key defences related to extra-contractual liability in Quebec.

Onus of Proof

The plaintiff’s responsibility to establish the facts of a claim, set out in CCQ art. 2803.

Presumption of Fault

A legal assumption that the defendant was at fault unless they prove otherwise; shifts the burden of proof.

CCQ Article 2803

Codifies that the party who alleges a fact must prove it (general burden of proof rule).

CCQ Article 1459

Requires custodians of property to disprove fault when damage occurs under their custody.

CCQ Article 1465

Places the burden on supervisors or guardians (e.g., parents) to show absence of fault for damage caused by those under their care.

Denial (Defence)

A defence arguing absence of fault, injury, or causal link; relies on the plaintiff’s failure to prove an element.

Not Endowed with Reason

Defence for persons lacking intellectual capacity; liability arises only if their conduct would be wrongful even without capacity (CCQ 1462).

Superior Force (Force Majeure)

Unforeseeable, irresistible external event absolving liability under CCQ 1470 (e.g., natural disaster, war).

Force Majeure Clause

Contractual provision allowing parties to escape obligations when superior force occurs; strictly construed by courts.

Voluntary Assumption of Risk

Under CCQ 1477, a victim who accepted risk may still sue; imprudent acceptance doesn’t bar recovery.

CCQ Article 1474

Prohibits contractual limitation of liability for gross fault, including gross negligence or recklessness.

Gross Fault

Serious misconduct demonstrating gross negligence or recklessness; cannot be contractually excluded (CCQ 1474).

CCQ Article 1457

Establishes the general duty of care: individuals must act prudently to avoid causing injury to others.

Disclaimer

Statement seeking to limit liability; enforceable only if known at contract formation (CCQ 1475) and cannot limit duties to third parties (CCQ 1476).

CCQ Article 1475

Requires that a disclaimer be known to the other party when the contract is formed to be valid.

CCQ Article 1476

Bans disclaimers that limit obligations toward third parties; may only serve as warnings.

Good Samaritan Rule

Protection under CCQ 1471 for persons aiding others in peril; liability arises only for gross fault.

Standard of Care for Good Samaritans

Lower threshold of care applied to rescuers acting in emergencies, unless gross negligence is shown.

Contributory Negligence

Victim’s own fault that contributes to damages; allows apportionment under CCQ 1478.

CCQ Article 1478

Authorizes courts to divide damages according to each party’s degree of fault.

Joint and Several Liability

Under CCQ 1480, any one of multiple tortfeasors may be sued for the entire loss.

Warranty of Fitness (CCQ 1726)

Seller’s obligation that goods are free of latent defects at sale; excludes known or apparent defects.

Latent Defect

Hidden flaw unknown to buyer that renders a product unfit for normal use; triggers seller’s warranty duties.

Manufacturer’s Defence

Argument that the producer lacked knowledge of the defect, the buyer knew or could know, or adequate warnings were given.

Product Liability

Strict obligation of manufacturers, distributors, and retailers for injuries from defective products (CCQ 1468–1469).

CCQ Article 1730

Binds manufacturers, suppliers, and distributors to the seller’s warranty of quality and safety.

CCQ Article 1468

Imposes liability on manufacturers for injuries caused by safety defects, regardless of incorporation into other goods.

CCQ Article 1469

Defines safety defect and stresses duty to warn; inadequate labeling triggers liability.

CCQ Article 1473

Prevents manufacturers from invoking ignorance of defects; consumers may sue despite their own imprudence.

Strict Liability

Liability without proving negligence, applied to product safety defects under CCQ 1468.

Assumption of Risk (Quebec)

Victim’s acceptance of risk does not automatically bar recovery; courts still examine defendant’s fault (CCQ 1477).

Limitation Period (CCQ 2925)

General three-year period to initiate personal claims from date of knowledge of harm.

Extinctive Prescription

Absolute ten-year bar on actions regardless of knowledge, per Quebec limitation rules.

CCQ Article 2905

Suspends prescription for minors until majority; protects their right to sue for childhood injuries.

Gradual Damage Rule (CCQ 2926)

For progressive harm, prescription runs from first appearance of injury or symptom.

Consumer Protection Act (Quebec)

Statute safeguarding consumers against defective products and misleading practices; reinforces CCQ warranties.

Subsequent Purchaser Rights

Right of later buyers to sue manufacturers or merchants for latent defects under the Consumer Protection Act.

Apportionment of Damages

Allocation of compensation among responsible parties according to their share of fault (CCQ 1478).

Duty of Care

Legal obligation to act prudently to avoid foreseeable harm, codified in CCQ 1457.

Fitness for Purpose

Expectation that a product performs as advertised for intended use; central to warranty and liability analysis.