This study aims to describe the principles that govern breaches of the standard of care (in the common law tort of negligence) and fault (personal extra-contractual liability in the civil law – CCQ section 1457). More specifically, it focuses on the reasonable person and their conduct in the two legal traditions in Canada. The author tries to determine the degree to which the applicable rules in this area converge. Research into the sources of common law and civil law reveals a remarkable convergence of these rules as well as areas in which they diverge.
Katsivela, Marel, The Breach of the Standard of Care [Common Law Tort of Negligence] and the Concept of Fault in Personal Extracontractual Liability (Civil Law) in Canada: A Comparative Study (December 27, 2017). The Canadian Bar Review, Vol. 95, 2017.