Bijural Terminology Records

Common Law

liability

Civil Law

liability

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50

Provision

  2. In this Act,

...

"tort" includes delict and quasi-delict;

Problem

The terms délit civil, délit and quasi-délit, found in the French version, are no longer used in civil law. They have been replaced by the concept of extracontractual civil liability. The term "tort" used in the English version has meaning only in common law. It is translated in common law in French as délit.

Solution

In the French version, the definition of délit civil is replaced by responsabilité. In the English version, the definition of "tort" is replaced by "liability". The terms "liability" and responsabilité respect both legal traditions. The terms "extracontractual civil liability"/responsabilité civile extracontractuelle and "liability in tort"/responsabilité délictuelle are added for purposes of civil and common law respectively.

Harmonized Provision

  2. In this Act,

...

"liability", for the purposes of Part 1, means

  • (a) in the Province of Quebec, extracontractual civil liability, and

  • (b) in any other province, liability in tort;

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 34

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