The Notion of Injury in the Tort of Negligence (Common Law) and the Personal Extra-Contractual Liability (Civil Law) in Canada: A Comparative Study
CANADIAN BAR REVIEW (Vol 96 No 3 (2018)
17 Pages Posted: 17 May 2019
Date Written: April 17, 2019
La version française de cet article peut être consultée à: http://ssrn.com/abstract=3349436.
This study aims to set out the principles governing the concept of injury in the context of extra-contractual liability resulting from one’s personal acts under Quebec civil law and the common law tort of negligence in Canada. The author seeks to identify similarities and differences that govern this concept and to put forth suggestions on the legal status quo. While the applicable rules in this area only partially converge, the legal concerns remain by and large similar. Court findings are alike in some instances but differ in others. The comparative study of injury within the two legal cultures in Canada proves to be quite a field to discover!
Keywords: injury, damage, comparative law, civil law, common law, Canada
JEL Classification: Canadian Bar Review
Suggested Citation: Suggested Citation