LIABILITY FOR DAMAGE CAUSE BY THINGS FROM THE COMMON LAW POINT OF VIEW

Abstract

In this article the author examines the civil law concept of “Liability for Damage Caused by Things” and compares it with liability as viewed by the common law. He begins with a discussion of the confusion that arises in the interpretation of the general rules of tortious liability. In doing so, he focuses on conduct intentionally causing harm, conduct unintentionally falling below a standard of care, and conduct creating risks not treated as part of normal social living. The author then examines the special rules of the common law relating to ownership or occupation of defective premises, as well as relating to the keeping of animals. In relation to liability for damage caused by things, he also briefly examines the “risk duty” concept of negligence, as well as the “unusual activities” theory of strict liability. The author goes on to examine article 1054 of the Quebec Civil Code, and concludes with a discussion of the common-law doctrine of res ipsa loquiter, pointing out its similarity to the application of that article.