L4 - Contracts Flashcards
What is the Civil Code of Québec?
It’s the body of rules governing individuals, relationships between them, and property
Fundamental legal document in Québec
What is the definition of a contract?
An agreement of wills by which 1 or more person obligate themselves to 1 or more other person to perform a prestation
What is a prestation?
A duty to do or not do something in fulfillment of an obligation, or the performance of such a duty (payment/performance/service)
What is an adhesion contract?
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
What is a mutual agreement contract?
Contract in which both parties discuss and agree on all the conditions of the contract
What is a synallagmatic contract?
(Bilateral)
Both parties have agreed to perform an obligation
What is a unilateral contract?
Only one party undertakes to perform an obligation
What is an onerous contract?
Each party receives something in return for undertaking an obligation to the other party
What is a gratuitous contract?
One party undertakes an obligation that benefits the other party, but the other party does nothing for the first person
What is a commutative contract?
Both parties know in detail how much each has to pay, and what each will receive in return
What is an aleatory contract?
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)
What is a contract of instantaneous performance?
There is a one-time discharge of the obligations undertaken
What is a contract of successive performance?
The obligation is to continue doing something on a regular basis for a specified period of time
What is a consumer contract?
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
How is a contract formed?
By the exchange of consents by people with the legal capacity to contract
What is not required when forming a contract?
A form is not required
Unless specified by law or if the parties subject the contract to it
Other than consent, what are the other 2 things a contract needs?
A cause
and an object
art.1385
What are the 2 types of exchange of consent?
Express: Stated, verbalized
Tacit: Done in silent, with a clear action that signifies the agreement
What can cause a contract offer to lapse?
Death, Bankruptcy, Protective supervision
What are the 2 types of contract offers?
No term –> offer ends within a reasonable time
Term –> Offer ends at expiry date
When is the contract formed?
When the offer is accepted
If acceptance is not the offer, it’s a counter-offer
Silence is NOT acceptance
What are the 2 cases for which there is no legal capacity?
Minors
Inapt adults (under protective supervision)
How does legal capacity work for minors?
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
How does legal capacity work for inapt adults
They are under protective supervision (with levels of tutoring)
What are the 3 levels of tutoring for protective supervision?
- Permanent (curator)
- Temporary (tutor)
- Assistance (advisor)
Nowadays all forms of tutoring
art. 1410
What is the cause of a contract?
The reason that determines each of the parties to enter into the contract
The cause need not to be expressed
art. 1411
What happens to a contract with an illegal cause?
A contract whose cause is prohibited by law or contrary to public order is null
art. 1412
What is the object of a contract?
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
art. 1413
What happens to a contract with an illegal object?
A contract whose object is prohibited by law or contrary to public order is null
art. 1414
When is a form necessary for a contract
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.
art. 1399 Al.1
What must consent be?
Consent must be free and enlightened.
art. 1399 Al.2
What can cause consent to be destroyed?
It may be vitiated by error, fear or lesion.
art. 1400
What is error, regarding consent
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.
art. 1401
What is fraud, regarding consent
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.
arts. 1402 and 1403
What is fear, regarding consent
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.
arts. 1405 and 1406
What is lesion, regarding consent
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.
