When a person realizes that they have suffered certain damages, can they invoke a breach of an obligation arising from a contract, even if they are not a party to that contract?
Covering one mistake with another mistake is not the solution.
When a person realizes that they have suffered certain damages, can they invoke a breach of an obligation arising from a contract, even if they are not a party to that contract? This is what the Québec Civil Code defines as an extracontractual obligation.
Thus, a company specializing in commercial printing, which owns a building, purchases a press that requires reinforcement of the underlying concrete slab for installation. Several years pass. The company sells the building and remains a tenant.
The press stops working due to a sinking of the concrete slab. Since its insurer denied coverage, the company sends a notice to the contractor who performed the reinforcement of the concrete slab and the supplier of the press. After obtaining an expert opinion, the contractor denies responsibility. The supplier does the same and blames the contractor.
One month later, due to the lack of repair of the press, the company ceases its operations and declares bankruptcy. The president and shareholder of the company sue, in their personal capacity, both the supplier and the contractor, invoking an extracontractual fault. The Superior Court* dismisses the claim, stating that there are no allegations regarding the existence of an extracontractual fault.
The Court of Appeal*, after considering the actions of the contractor and the supplier, and observing their refusal to conduct stability tests on the slab and repair the press damage, overturns the decision of the trial judge. The court deems that there are enough allegations to conclude that there is an extracontractual fault.
We should bear in mind that signing a contract entails certain responsibilities towards the other parties to the agreement, as well as third parties who are non-signatories to the contract, especially when one denies their mistakes instead of correcting them.
*CS 500-17-081100-144 and CA 500-09-025333-154
