Final answer:
Article 2803 of the Civil Code of Quebec outlines when a person is liable for damage caused by things in their custody, with five exceptions including proof of no fault, transfer of liability to a third-party, force majeure, contributory negligence of the victim, and the existence of a pre-existing condition.
Step-by-step explanation:
The CCQ (Civil Code of Quebec) Article 2803 states general rules regarding the assumption of liability for property damage or bodily injury caused by things the person has in his custody. However, there are five exceptions to this rule:
- The owner can prove absence of fault (i.e., they are not negligent).
- They can blame the damage on a third party (a transfer of liability).
- Proof that the damage was caused by superior force (force majeure) or unforeseeable event, which is not due to the thing's nature.
- The damage resulted from the person who suffered the damage (contributory negligence).
- There is a pre-existing condition that would limit or exempt the custodian from liability.
These exceptions are important as they provide circumstances under which a person would not be held liable for damages, despite having custody of the object causing harm.