Le test de la personne raisonnable en responsabilité civile
"Le test de la personne raisonnable en responsabilité civile" (2001) 61:2 R du B 451.
In the Quebec civil law system, any examination of a person’s liability includes an initial stage whereby that person’s conduct is compared to the conduct that an abstract reference model, the reasonable person, would have had followed. Only preponderant evidence that the conduct of the person causing the injury was not consistent with that of the reasonable person will give rise to compensation under the civil liability regime. Based on the foundations of the reasonable person standard or test, this paper examines its principal characteristics and the degree of influence of the “external context” in order to better understand – and perhaps to predict – the judicial applications.
This content has been updated on 4 July 2017 at 18 h 20 min.