ABSTRACT

In Quebec, the regime of tort rests on a unitary general clause of liability which is found in Article 1457 of the Civil Code of Quebec (1994) (CCQ). Article 1457 reads as follows:

1457. Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person, and is liable to reparation for the injury, whether it be bodily, moral or material in nature. He is also liable, in certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.