L4 - Contracts

Question 1

What is the Civil Code of Québec?

Answer 1

It’s the body of rules governing individuals, relationships between them, and property
Fundamental legal document in Québec

Question 2

What is the definition of a contract?

Answer 2

An agreement of wills by which 1 or more person obligate themselves to 1 or more other person to perform a prestation

Question 3

What is a prestation?

Answer 3

A duty to do or not do something in fulfillment of an obligation, or the performance of such a duty (payment/performance/service)

Question 4

What is an adhesion contract?

Answer 4

Contract in which the conditions are drawn up by only one of the parties and the only choice available to the other party is to accept these conditions or not to enter in the contact

Question 5

What is a mutual agreement contract?

Answer 5

Contract in which both parties discuss and agree on all the conditions of the contract

Question 6

What is a synallagmatic contract?

Answer 6

(Bilateral)
Both parties have agreed to perform an obligation

Question 7

What is a unilateral contract?

Answer 7

Only one party undertakes to perform an obligation

Question 8

What is an onerous contract?

Answer 8

Each party receives something in return for undertaking an obligation to the other party

Question 9

What is a gratuitous contract?

Answer 9

One party undertakes an obligation that benefits the other party, but the other party does nothing for the first person

Question 10

What is a commutative contract?

Answer 10

Both parties know in detail how much each has to pay, and what each will receive in return

Question 11

What is an aleatory contract?

Answer 11

Contract in which the full extent of the obligations is uncertain at the time the contract is entered into and will only be established at a later date (e.g., harvest)

Question 12

What is a contract of instantaneous performance?

Answer 12

There is a one-time discharge of the obligations undertaken

Question 13

What is a contract of successive performance?

Answer 13

The obligation is to continue doing something on a regular basis for a specified period of time

Question 14

What is a consumer contract?

Answer 14

Contract in which a natural person (not a business) acquires, for personal use, some property or service from a business that offers such property or service to the public

Question 15

How is a contract formed?

Answer 15

By the exchange of consents by people with the legal capacity to contract

Question 16

What is not required when forming a contract?

Answer 16

A form is not required
Unless specified by law or if the parties subject the contract to it

Question 17

Other than consent, what are the other 2 things a contract needs?

Answer 17

A cause
and an object

art.1385

Question 18

What are the 2 types of exchange of consent?

Answer 18

Express: Stated, verbalized
Tacit: Done in silent, with a clear action that signifies the agreement

Question 19

What can cause a contract offer to lapse?

Answer 19

Death, Bankruptcy, Protective supervision

Question 20

What are the 2 types of contract offers?

Answer 20

No term –> offer ends within a reasonable time
Term –> Offer ends at expiry date

Question 21

When is the contract formed?

Answer 21

When the offer is accepted
If acceptance is not the offer, it’s a counter-offer
Silence is NOT acceptance

Question 22

What are the 2 cases for which there is no legal capacity?

Answer 22

Minors
Inapt adults (under protective supervision)

Question 23

How does legal capacity work for minors?

Answer 23

Those above the age of 14 can contract for employment or work
All minors can contract for usual needs
Otherwise, tutors are needed for the rest

Question 24

How does legal capacity work for inapt adults

Answer 24

They are under protective supervision (with levels of tutoring)

Question 25

What are the 3 levels of tutoring for protective supervision?

Answer 25

1. Permanent (curator) 2. Temporary (tutor) 3. Assistance (advisor) Nowadays all forms of tutoring

Question 26

art. 1410 What is the cause of a contract?

Answer 26

The reason that determines each of the parties to enter into the contract The cause need not to be expressed

Question 27

art. 1411 What happens to a contract with an illegal cause?

Answer 27

A contract whose cause is prohibited by law or contrary to public order is null

Question 28

art. 1412 What is the object of a contract?

Answer 28

The juridical operation envisaged by the parties at the time of its formation, as it emerges from all the rights and obligations created by the contract. The thing which it is agreed on the part of the party receiving the consideration to do or not to do

Question 29

art. 1413 What happens to a contract with an illegal object?

Answer 29

A contract whose object is prohibited by law or contrary to public order is null

Question 30

art. 1414 When is a form necessary for a contract

Answer 30

Where a particular or solemn form is required as a necessary condition for the formation of a contract, it must be observed; it must also be observed for any modification to the contract, unless the modification is only an accessory stipulation.

Question 31

art. 1399 Al.1 What must consent be?

Answer 31

Consent must be free and enlightened.

Question 32

art. 1399 Al.2 What can cause consent to be destroyed?

Answer 32

It may be vitiated by error, fear or lesion.

Question 33

art. 1400 What is error, regarding consent

Answer 33

Error vitiates the consent of the parties or of one of them where the error relates to the nature of the contract, to the object of the prestation or to any essential element that determined the consent. An inexcusable/personal error does not constitute a defect of consent.

Question 34

art. 1401 What is fraud, regarding consent

Answer 34

Error on the part of one party induced by fraud committed by the other party or with his knowledge vitiates consent whenever, but for that error, the party would not have contracted, or would have contracted on different terms. Fraud may result from silence or concealment.

Question 35

arts. 1402 and 1403 What is fear, regarding consent

Answer 35

Fear of serious INJURY to the person or property of one of the parties vitiates consent given by that party where the fear is induced by violence or threats exerted or made by or known to the other party. Apprehended injury may also relate to another person or his property and is appraised according to the circumstances. Fear induced by the abusive exercise of a RIGHT or POWER or by the threat of such exercise vitiates consent.

Question 36

arts. 1405 and 1406 What is lesion, regarding consent

Answer 36

Except in the cases expressly provided by law, lesion vitiates consent ONLY with respect to minors and persons of full age under tutorship or under a protection mandate. Lesion results from the exploitation of one of the parties by the other, which creates a serious disproportion between the prestations of the parties; the fact that there is a serious disproportion creates a presumption of exploitation. In cases involving a minor or a person of full age under tutorship or under a protection mandate, lesion may also result from an obligation that is considered to be excessive in view of the patrimonial situation of the person, the advantages he gains from the contract and the circumstances as a whole.