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

See all articles by Marel Katsivela

Marel Katsivela

University of Ottawa - Faculty of Law

Date Written: April 17, 2019

Abstract

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

Katsivela, Marel, The Notion of Injury in the Tort of Negligence (Common Law) and the Personal Extra-Contractual Liability (Civil Law) in Canada: A Comparative Study (April 17, 2019). CANADIAN BAR REVIEW (Vol 96 No 3 (2018). Available at SSRN: https://ssrn.com/abstract=3373986 or http://dx.doi.org/10.2139/ssrn.3373986

Marel Katsivela (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
20
Abstract Views
129
PlumX Metrics