Definition : Fault

Voluntary or involuntary act, or an omission which infringes upon the right of another on account of the damage suffered. The fault arises when an individual adopts a behavior contrary to that of a reasonably prudent and diligent person, who would be placed in a similar situation. It can engage the civil liability of the person who committed it.

Related articles

{alt}

16/05/2024

Co-owner's liability insurance

A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of…...

Insurance
{alt}

06/11/2021

Water damage: whose fault is it?

Water damages are the most frequent loss in co-ownerships. The concept of water damage also includes the civil liability of the syndicate, the co-owner and the lessee (tenant) who could be responsible in the event of damages suffered by third party members; thus, the question of who is responsible for this constantly arises.…...

Management

18/09/2021

Civil liability of a director

The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...

Syndicate

09/08/2022

Recourse against a co-owner liable for a loss

A bathtub or a washing machine that overflows into the apartment below, a hot water tank that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have…...

Your Rights

04/07/2020

Additional insurance premium

The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to…...

Insurance

30/06/2020

Defamation

Co-ownership is an environment conducive to conflict and acrimonious exchanges. Some people who are members of a community of co-owners are sometimes victims. This can happen at an annual meeting, when spirits are heating up and frustrations are at their peak. Latent conflicts between a co-owner and a director, deep…...

Your Rights

18/06/2019

Co-ownership water heater

In a divided co-ownership, most storage water heaters (electric or gas) play a crucial role in the daily comfort of residents; typically installed inside the apartments, these devices are considered to be part of the private portions thus falling under the individual responsibility of each co-owner and so, it is imperative for them to…...

Management

09/08/2022

Contingency fund: Its purpose

With the adoption of the Civil Code of Québec in 1994, to fill a void in the Law, the Quebec legislature introduced the obligation upon a syndicate of co-owners to fund a "contingency fund”. This obligation was intended to fill a gap in the previous law. Prior to the enactment…...

Work