Contract Law

Contract law is a subcategory of the law of obligations which focuses on the study of contractual agreements. This field of law has been in existence for a very long time, since trading, negotiating and doing business are all part of human nature.

Even if contracts are often referred to as the “law of the parties”, a particular form must be respected so they do not contravene public order. Therefore, freedom of contract is not absolute.

Formation of contracts

– Absence of consent
– Capacity to contract
– Nullity of contracts

Article 1385 of the Civil Code of Quebec establishes that legal capacity is a necessary condition for entering into a contract. The result is that some individuals, such as minors or adults who are incapable of giving consent cannot, in most situations, enter into a contract.

Yet, certain individuals will sometimes exploit others’ inability for their own personal benefit. If you or someone you know has been the victim of a co-contractor’s bad faith, lawyers at Juriseo can assist you in having the contract nullified and even in receiving compensation, if warranted.

You were not considered incapable of giving consent when the contract was entered into, but the co-contractor conned you by lying or by keeping some important information to himself? You made a mistake with regard to an essential element of the contract? The team at Juriseo can also assist you in having the contract nullified and, in some instances, in obtaining compensation.       

Sale contract

Article 1708 of the Civil Code of Quebec defines the sale contract as a “contract by which a person, the seller, transfers ownership of property to another person, the buyer, for a price in money which the latter obligates himself to pay.”          It is without a doubt one of the contracts most frequently entered into.

The team at Juriseo can assist you in resolving issues related to sale contracts, especially in the following areas:

– Absence of consent
– Latent defects
– Judicial surety
– Forced execution

And so much more!

Donation contract

Article 1806 of the Civil Code of Quebec defines a gift as a “contract by which a person, the donor, transfers ownership of property by gratuitous title to another person, the donee.”

The lawyers at Juriseo can assist you in resolving issues related to gifts, including the following situations:

– Explanation of exceptions and prerequisites
– Drafting
– Absence of consent
– Forced execution

And so much more!


Leasing contract
  

Article 1842 of the Civil Code of Quebec defines the leasing contract as a “contract by which a person, the lessor, puts movable property at the disposal of another person, the lessee, for a fixed term and for consideration.”

A car dealership has told you that you will be the guarantor or the endorser, but your contract really mentions that you are co-borrower? You were the victim of any other type of absence of consent related to a leasing contract? No worries. Our lawyers are there to provide guidance and take necessary action on your behalf!      

Lease contract     

Article 1851 of the Civil Code of Quebec defines the lease as a “contract by which a person, the lessor, undertakes to provide another person, the lessee, in return for a rent, with the enjoyment of movable or immovable property for a certain time.”

No matter if you are the lessee or the lessor, our team does not take sides: we are there to help you.

Lessee

The team at Juriseo provides guidance for the following problems whether for movable or immovable property:

– Non-peaceful enjoyment
– Requires repair work that is not done by the owner
– Unfit for use or in significant need of repair

And so much more!

Lessor

The team at Juriseo can assist you if you are dealing with issues such as these:

– Unhealthiness
– Changing the purpose of the property by the lessee
– Arrears of rent
– Eviction

And so much more!

Contract of employment

Article 2085 of the Civil Code of Quebec defines the contract of employment as a “contract by which a person, the employee, undertakes, for a limited time and for remuneration, to do work under the direction or control of another person, the employer.”

Your employer does not respect labour standards? You have been illegally fired?            Your employment contract contains a non-competition clause which you believe is unreasonable? The team at Juriseo will gladly take a look at your file and provide advice accordingly.

Contracts of enterprise or for services

Article 2098 of the Civil Code of Quebec defines the contracts of enterprise (construction) or for services as a “contract by which a person, the contractor or the provider of services, as the case may be, undertakes to another person, the client, to carry out physical or intellectual work or to supply a service, for a price which the client binds himself to pay to him.”

Our legal experts at Juriseo can assist you in resolving issues related to a contract of enterprise or for services, including the following:

– Drafting
– Termination
– Legal hypothec
– Forced execution

And so much more!  

Consumer contract

Article 2 of the Consumer Protection Act defines the consumer contract as a “contract for goods or services entered between a consumer and a merchant in the course of his business.”

The team at Juriseo can assist you in resolving difficulties related to a consumer contract or a merchant, including the following:

– Absence of consent
– Unreadable, abusive or unlawful clauses
– Failure to perform obligations

And so much more!   

Mandate

Article 2130 of the Civil Code of Quebec defines the mandate as a contract “by which a person, the mandator, confers upon another person, the mandatary, the power to represent him in the performance of a juridical act with a third person, and the mandatary, by his acceptance, binds himself to exercise the power.”

You wish to have a protection mandate prepared? You wish to have a protection mandate enforced? You need to prove that a person is unsuitable? Whatever the case may be, the team at Juriseo is there to help you reach your objectives.         

Loan and mortgage       

A loan and mortgage contract is defined as a contract for which a person, the creditor, loans a sum of money to another person, the debtor, who then binds himself to reimburse the amount with interest.

You want to have a loan and mortgage contract prepared or you want such a contract to be terminated? You would like to better understand the contract’s clauses? Someone is making misrepresentations with regard to interest rates? The lawyers at Juriseo are there to assist you and provide guidance so you may get some peace of mind.         

Suretyship

Article 2333 of the Civil Code of Quebec defines the suretyship contract as a contract “by which a person, the surety, undertakes towards the creditor, gratuitously or for remuneration, to perform the obligation of the debtor if he fails to fulfil it.” In other words, a person who is not the direct debtor secures the performance of an obligation.

You wish to draw up a surety contract or you have questions concerning clauses that might be unlawful? As a surety, you would like to know what your rights and obligations are? Your consent was invalidated with regard to a surety contract? No worries. Our lawyers can assist you in cases of suretyship whether as a preventive or a corrective measure.

Insurance

Article 2389 of the Civil Code of Quebec defines the contract of insurance as a contract “whereby the insurer undertakes, for a premium or assessment, to make a payment to the client or a third person if a risk covered by the insurance occurs.”

Our lawyers have acquired a strong expertise in insurance law, including in the following areas:

– False claims accusations
– Abusive or unlawful contractual clauses
– Refusal of reimbursement by an insurer

And so much more!