Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale.
Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Baudouin, Jean-Louis: -
The Honourable Jean-Louis Baudouin obtained his BCL degree from McGill University, Montreal, in 1958, and a PhD from Université de Paris in 1962. He joined the Law Faculty of Montreal University in 1962, where he taught with distinction for twenty-five years until his nomination to the Quebec Court of Appeal in 1989. Having left the Court in 2008, he is presently counsel for the international firm Fasken.
The Honourable Baudouin was a member of the Quebec Bar from 1959 to 1989, Vice-President of the Law Reform Commission of Canada from 1976 to 1980, Queen's Counsel in 1978, counsel to various law firms until 1989, and special consultant on bioethics since 1980. He is Vice-Chairman of l'Institut international de droit d'expression franc, aise and former Chairman of l'Association Henri Capitant, section québécoise.
The Honourable Baudouin is the author of 'Produire l'homme: de quel droit?'; 'Éthique de la mort et droit à la mort'; and author or co-author of 'Les Obligations', 1970, 1983, 1989, 1993, 1998, 2002, 2007, and 2014; 'La Responsabilité Civile', 1973, 1985, 1990, 1994, 1998, 2005, 2007, and 2014; le Code civil annoté du Québec since 1995; le Petit Code civil du Québec since 1994; et le Petit Code civil du Bas-Canada from 1974 to 1993; 'Secret professionnel et Droit au secret', 1965; 'Terrorisme et Justice', 1970; and co-editor of 'Canadian Bar Review' from 1980 to 1989.
He is a member of the Royal Society of Canada, Academician of l'Académie des lettres du Québec, Academician of the International Academy of Comparative Law, and Academician of Academia Puertorriquena de Jurisprudencia y Legislacion de Puerto Rico.
He received a doctorate of Law honoris causa of l'Université de Sherbrooke (Canada); l'Université René Descartes, Paris V (France); l'Université Notre-Dame de la Paix, Namur (Belgique); l'Université d'Ottawa (Canada); l'Université Jean Moulin of Lyon (France); McGill University (Canada); and Montpellier University (2014).
In 2001, he received le prix Yves Pélicier, presented by the International Academy of Law and Mental Health, in recognition of his major contributions in medical ethics, legal medicine, and mental health law reform.
In 2012, he received the highest rank in the Ordre du Québec, was named Officer of the Order of Canada, and in 2015, the rank of Officer of the Order of Canada.
He is now counsel with Fasken.
