Canadian Legislation for Contracts.

6 de mayo de 2023

Canadian contract law is constituted by two systems: 1. The common law framework, 2. The civil law framework within Québec.

In almost every Canadian province, we have a system that comes from English contract law developed distinctly since Canadian Confederation in 1867.

Quebec is the exception, as its legal regulatory framework for contracts comes from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec.

The Civil Code of Quebec codifies most elements of contract law as part of its provisions on the broader law of obligations. This Civil Code was inspired by some of the modernizations found in the 1804 Napoleonic Code. Contracts in all Canadian jurisdictions are generally construed to balance the intent of the parties while protecting the public interest. Canadian courts, particularly the Superior Court of each Province, are responsible for the interpretation of contracts in legal disputes.

Outside of Québec, the rules of contract interpretation are established by judicial precedent and largely resemble those of other Commonwealth jurisdictions. Within Québec, the rules of contractual interpretation are codified and contemplated in the civil code.

According to Common Law, there are three components required for the formation of a valid contract: offer, acceptance, and consideration. Additionally, the parties themselves must have the legal capacity and the intention to create legal relations. In common law jurisdictions, consideration is required for simple contracts but not for special contracts. This means that each party to a contract is required to exchange something of value and that a gratuitous contract is not valid in Canada's common law provinces and territories, this is an important point to consider when we are creating contract content.

The contract doctrine is aimed to protect parties, avoiding oppressive contracts, this goal is currently accomplished through the use of legal principles enabling the recission or annulment of contracts on the grounds of unconscionability, through purposive interpretation of contracts by the courts, and through equitable remedies developed by courts. Maria A. Tuozzo M. Lawyer.