Tort Law in Quebec

Author: Jean-Louis Baudouin
Publisher: Kluwer Law International
ISBN: 9789403508412
Published In: December 2018
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
The Author

List of Abbreviations

General Introduction

Part I. Liability for One’s Acts

Chapter 1. General Principles

Chapter 2. Specific Cases of Liability

Part II. Liability for Acts of Others (Vicarious Liability)

Chapter 1. Parents, Educators, and Guardians

Chapter 2. Employers (Vicarious Liability)

Part III. Forms of Strict Liability

Chapter 1. General Liability for Things under One’s Care

Chapter 2. Liability for Damage Caused by Animals

Chapter 3. Liability for Damage Caused by Buildings

Chapter 4. Liability for Damage Caused by Automobiles

Chapter 5. Liability for Manufactured Products

Part IV. Defences and Exemption Clauses

Chapter 1. Limitation of Action

Chapter 2. Excuses and Justifications

Chapter 3. Exemption Clauses

Part V. Causation

Chapter 1. Concept

Chapter 2. Contribution to Damages

Part VI. Remedies

Chapter 1. General Principles

Chapter 2. Compensation for Damages: Specific Awards

General Conclusion

Selected Bibliography

Index