Lesson 6: Civil Liability
Lesson 6 examines the principles of civil (non-contractual) liability under the Civil Code of Quebec: the basic duty
not to cause injury to others, indirect (vicarious) liability for the acts of others, manufacturer and professional
seller liability for defective products, and the various rules that limit or exclude liability (superior force,
whistleblower protection, waivers, notices, assumption of risk, contributory negligence, aggravation of injury,
and solidary liability), closing with punitive damages in the civil liability context.
⭐ 6.0 Introduction
KEY CONCEPT ⭐
Civil liability is also known as non-contractual liability — causing injury to someone in a non-
contractual situation. Everybody has a duty to act so as not to cause injury to another; breaching
that duty makes you liable for all direct damages caused to the victim.
EXAM EXAMPLE
You are late for your bus in downtown Montreal, running through a crowded street, and you bump
into and knock over another person, injuring them. Are you liable? Probably yes — as a reasonable
person, you should have known not to run through a crowd, and it was foreseeable that you might
knock someone down. You are negligent, and therefore liable: you breached your non-contractual
duty not to cause injury.
⭐ 6.1 Introduction to Civil Liability
Contractual vs. Non-contractual Liability ⭐
Type Basis What Is Claimed
Contractual Liability CCQ 1458 — breach of Bodily, moral, and material
contract damage caused by the breach
Non-contractual (Civil) Liability CCQ 1457 — breach of the Bodily, moral, and material
duty not to cause injury to damage (reparation)
others
KEY DEFINITION ⭐
Under CCQ 1457, every person has a duty to abide by the rules of conduct incumbent on them
according to the circumstances, usage, or law, so as not to cause injury to another. Where a person
is endowed with reason and fails in this duty, they are liable for any injury caused by their fault and
must make reparation (compensation for bodily, moral, or material injury).
, Three Degrees of Fault ⭐
Degree Description
1. Negligence (carelessness) The lowest degree of fault.
2. Gross negligence The middle degree of fault — a reckless disregard for the
safety of the people around you.
3. Intentional fault The highest degree of fault — it can be proven that you
intended to injure the person.
Endowed with Reason ⭐
KEY DEFINITION ⭐
To be liable under CCQ 1457, the debtor must be “endowed with reason” — a rational person who
can distinguish right from wrong. Generally, a person of seven years of age is considered endowed
with reason and can therefore be liable under CCQ 1457. Note: this civil law test differs from
criminal law, where the minimum age for a criminal conviction in Canada is 12 years old.
EXAM EXAMPLE
You are running down a school hallway trying to catch the bus, not paying attention, and you bang
into someone and knock them over. There is no contract between you and the injured person, and
you did not intend to injure them — but you breached your duty to act in a reasonable and prudent
fashion. This is a classic example of non-contractual liability.
⭐ 6.2 Indirect Liability
Indirect liability covers situations where you yourself have not committed a fault, but someone else has, and you
are nonetheless held liable.
Vicarious Liability (CCQ 1457, 3rd paragraph) ⭐
KEY DEFINITION ⭐
A person is bound, in certain cases, to make reparation for injury caused to a third party by the act
or fault of another person, or by the act of things in their custody. Vicarious liability means a person
who has committed no fault will be held liable for the fault of another.
Example: employer liability under CCQ 1463 — the employer is always liable for damages caused by
the employee in the performance of their work, with no defense available (absolute liability).
Lesson 6 examines the principles of civil (non-contractual) liability under the Civil Code of Quebec: the basic duty
not to cause injury to others, indirect (vicarious) liability for the acts of others, manufacturer and professional
seller liability for defective products, and the various rules that limit or exclude liability (superior force,
whistleblower protection, waivers, notices, assumption of risk, contributory negligence, aggravation of injury,
and solidary liability), closing with punitive damages in the civil liability context.
⭐ 6.0 Introduction
KEY CONCEPT ⭐
Civil liability is also known as non-contractual liability — causing injury to someone in a non-
contractual situation. Everybody has a duty to act so as not to cause injury to another; breaching
that duty makes you liable for all direct damages caused to the victim.
EXAM EXAMPLE
You are late for your bus in downtown Montreal, running through a crowded street, and you bump
into and knock over another person, injuring them. Are you liable? Probably yes — as a reasonable
person, you should have known not to run through a crowd, and it was foreseeable that you might
knock someone down. You are negligent, and therefore liable: you breached your non-contractual
duty not to cause injury.
⭐ 6.1 Introduction to Civil Liability
Contractual vs. Non-contractual Liability ⭐
Type Basis What Is Claimed
Contractual Liability CCQ 1458 — breach of Bodily, moral, and material
contract damage caused by the breach
Non-contractual (Civil) Liability CCQ 1457 — breach of the Bodily, moral, and material
duty not to cause injury to damage (reparation)
others
KEY DEFINITION ⭐
Under CCQ 1457, every person has a duty to abide by the rules of conduct incumbent on them
according to the circumstances, usage, or law, so as not to cause injury to another. Where a person
is endowed with reason and fails in this duty, they are liable for any injury caused by their fault and
must make reparation (compensation for bodily, moral, or material injury).
, Three Degrees of Fault ⭐
Degree Description
1. Negligence (carelessness) The lowest degree of fault.
2. Gross negligence The middle degree of fault — a reckless disregard for the
safety of the people around you.
3. Intentional fault The highest degree of fault — it can be proven that you
intended to injure the person.
Endowed with Reason ⭐
KEY DEFINITION ⭐
To be liable under CCQ 1457, the debtor must be “endowed with reason” — a rational person who
can distinguish right from wrong. Generally, a person of seven years of age is considered endowed
with reason and can therefore be liable under CCQ 1457. Note: this civil law test differs from
criminal law, where the minimum age for a criminal conviction in Canada is 12 years old.
EXAM EXAMPLE
You are running down a school hallway trying to catch the bus, not paying attention, and you bang
into someone and knock them over. There is no contract between you and the injured person, and
you did not intend to injure them — but you breached your duty to act in a reasonable and prudent
fashion. This is a classic example of non-contractual liability.
⭐ 6.2 Indirect Liability
Indirect liability covers situations where you yourself have not committed a fault, but someone else has, and you
are nonetheless held liable.
Vicarious Liability (CCQ 1457, 3rd paragraph) ⭐
KEY DEFINITION ⭐
A person is bound, in certain cases, to make reparation for injury caused to a third party by the act
or fault of another person, or by the act of things in their custody. Vicarious liability means a person
who has committed no fault will be held liable for the fault of another.
Example: employer liability under CCQ 1463 — the employer is always liable for damages caused by
the employee in the performance of their work, with no defense available (absolute liability).
