The Assumption of Risk Defence in Torts (Common Law) and Extra-contractual Liability (Québec Civil Law) in Canada

Abstract

  The paper is a comparative law study of the assumption of risk (volenti) defence in the field of torts (common law) and extra-contractual liability (civil law-Québec) in Canada. More specifically, it aims at presenting and analyzing the similarities and differences regarding the conditions of application and effects of the assumption of risk defence in the areas of negligence at common law and extra-contractual liability based on fault in Québec. The article also explains the raison d’être of the existing differences between the two volenti defences and explores whether convergence of applicable laws exists.