Marel Katsivela, ‘The Notion of Injury in the Tort of Negligence (Common Law) and the Personal Extra-Contractual Liability (Civil Law) in Canada: A Comparative Study’

ABSTRACT
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!

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 Volume 96 No 3 (2018). La version française de cet article peut être consultée ici.

First posted 2019-05-18 09:21:35

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