Assignment Task
Question
1. Identify in the form of one (or more) test(s) or criterion(s) operational (s) the conditions of application of the planned rule (or rules planned s) to art . 1 614 C.c.Q.
2. For each of the rules provided for in article 1616 C.c.Q., identify the effect of the rule, then present it in the form of one (or more) test(s) or criterion(s) operational ( s) the conditions of application of said rule.
Introductory notes
1. Answer the following questions based on the common law civil liability regime provided for in the Civil Code of Quebec and the Charter of Human Rights and Freedoms Please assume that no specific law or insurance agreement modifies the rules of this plan.
2. Take for granted, in particular, that all cultural considerations (e.g., there was a Provincial Broomball Championship in Brossard in 2019 ; the Montreal Rocket was a club in the QMJHL league in 2019, etc. ), regulatory (e.g., the rules applicable to broomball competitions mentioned in the factual situation ) or technical ( e.g., the existence of ice rink boards of European origin different from those generally used in North America) are true.
3. With regard to the three classifications relating to the nature of the damage, qualify the damage(s) targeted by the following claim items. Justify the proposed qualifications as best as possible.
a) Aesthetic damage (victim: Romain Ouédraogo)
b) Hotel and food costs for the Baie-Comeau Drakkar (victim: Montreal Rocket (RM) )
4. Note: Answer this question without taking into account the almost insurmountable difficulties of proving malicious intent in a situation such as this
Explain as best as possible how Marcel Labrie’s legal situation would be changed if Marcel Labrie was right to fear that Léo Labrie did this on purpose to make Romain lose his footing.
5. Could Romain Ouédraogo successfully bring an appeal, or even appeals, on the basis of article 1467 C.c.Q.? Justify as best as possible.
6. Let us assume that e ArenaPro Plus (AP) has incurred civil liability with regard to the Montreal Rocket (RM) . Discuss the possibility of RM obtaining compensation, in one way or another, for the specific harms covered by the following claim items:
a) Additional accommodation costs for the Baie-Comeau Drakkar (hotel and food): $15,00
b) The penalty imposed by the QMJHL: $7,500