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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.
"This book was originally published as a monograph in the International Encyclopaedia of Laws/Tort law."
"Designed as an introduction for tort law students, this book offers a probing analysis of basic concepts and an examination of the everyday human problems that this area of law addresses. The Honourable Allen M. Linden and Professors Lewis N. Klar and Bruce Feldthusen bring to bear a wealth of experience in the classroom and from the bench to guide students through this fundamental aspect of the Canadian judicial tradition."--Publisher's description.
The book takes a step-by-step approach to the basic principles and issues in the law of torts in Canada. It covers such critical areas as determining duty of care, public authority liability, vicarious liability and the analysis of causation. The authors explain how the various tort law concepts apply in practice.