Editing Tort (section)

===Québec===
Private law in the Canadian province of Québec derives from the pre-Napoleonic French law then in force, but was eventually codified in the [[Civil Code of Lower Canada]] and later the present [[Civil Code of Quebec|Code Civil du Québec (CCQ)]]. While tort law in Canada's other provinces follows common law jurisprudence under which distinct nominate torts are recognised by precedent or statute, CCQ provides for a general and open-ended concept of "civil liability" or ''la responsabilité civile'' in article 1457:<ref>[[Civil Code of Quebec|CCQ]] 1457</ref>
{{blockquote|Every person has a duty to abide by the rules of conduct incumbent on 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 liable for any injury he causes to another by such fault and is bound to make reparation for the injury, whether it be bodily, moral or material in nature. He is also bound, in certain cases, to make reparation for injury caused to another by the act, omission or fault of another person or by the act of things in his custody.}}

The CCQ provides for and defines the scope of civil liability for damages caused by inanimate objects. Article 1465 makes the general provision that the custodian of a thing or object (''bien'') is liable for any damage caused by it,<ref>[[Civil Code of Quebec|CCQ]] 1465</ref> while article 1466 provides that the owner of an animal is liable for damage or injury caused by it even if it had escaped from their custody at the time of the incident. Similarly, article 1467 imposes liability for damages caused by the ruin of an immovable (i.e. a building or other fixed structure) upon its owner even if construction defects are the ultimate cause of the ruin.<ref>[[Civil Code of Quebec|CCQ]] 1467</ref> Strict liability is imposed upon the manufacturers of moveable things (i.e. [[product liability]]) by article 1468 for injuries caused by safety defects.<ref>[[Civil Code of Quebec|CCQ]] 1468</ref>{{efn|Article 1469 provides that: "A thing has a safety defect where, having regard to all the circumstances, it does not afford the safety which a person is normally entitled to expect, particularly by reason of a defect in design or manufacture, poor preservation or presentation, or the lack of sufficient indications as to the risks and dangers it involves or as to the means to avoid them".<ref>[[Civil Code of Quebec|CCQ]] 1469</ref>}} An individual is exempt from civil liability in cases of [[force majeure]] (article 1470),<ref>[[Civil Code of Quebec|CCQ]] 1470</ref> harm caused in the process of assisting or rescuing another (article 1471),<ref>[[Civil Code of Quebec|CCQ]] 1471</ref> and in certain other cases prescribed by law.

In general, there are four conditions necessary for a finding of civil liability under the CCQ:<ref>Baudouin, Jean-louis. "[https://www.thecanadianencyclopedia.ca/en/article/delict Law of Delict in Québec]". ''The Canadian Encyclopedia'', 23 September 2016, Historica Canada. Accessed 27 May 2022.</ref>
* Imputability: The [[Capacity (law)|capacity]] of a tortfeasor to "discern right from wrong", and to understand the consequences of their actions.
* Fault: The failure of a tortfeasor to act as "a normally prudent and reasonable person" would have in similar circumstances.
* Damage: Harm or injury suffered by the plaintiff
* Causation: A causal link between the fault of the tortfeasor and the damage incurred by the plaintiff.