LIABILITY FOR DAMAGE CAUSED BY THINGS FROM THE CIVIL LAW POINT OF VIEW
AbstractIn this article the author compares how the civil law and the common law handle problems of liability where a thing rather than a person is involved in an accident causing injury. First, the author examines civil liability in general. In doing so, he discusses the general conditions of civil responsibility, the duality of regimes of liability, and the burden of proof of liability. Moving on to a discussion of damage caused by things, the author discusses contractual and extra-contractual liability. In discussing extra-contractual liability, he focuses on general obligations of care concerning one’s personal acts, as well as on special obligations of care. Through his discussion of the general obligations of care, the author examines two instances where presumptions of liability will operate when a thing is involved. In examining the special obligations of care, the author thoroughly discusses what is needed in order to enable a victim to sue on the basis of a defendant’s breach of article 1054, paragraph 1, of the Civil Code. He then concludes with a discussion of the two conditions that must be met before a person may be allowed to sue under article 1055 of the Civil Code.
Keywords:Comparative Law, Quebec, Torts
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