The rules governing the formation of a contract under Québecois law are codified in
Book Five, Title One, Chapter 2, Division 3 of the Civil Code. Except where a specific provision of law requires otherwise, a contract is formed by the exchange of consent between persons with the capacity enter into a contract. The
Civil Code of Quebec contains many provisions regarding contract law. Contracts are agreements between two or more parties that create legal obligations for each party involved. The Civil Code of Quebec provides rules and guidelines for the formation, interpretation, and enforcement of contracts.In Quebec,
Article 1385 of the Civil Code provides that a contract is formed by the sole exchange of consents between persons having capacity to contract. Therefore, a contract for the sale of goods does not need to be in writing. The law can, however, require particular formalities in some cases.
Under Quebec contract laws, a contract must have a cause. The cause of a contract is the reason why this contract was entered into in the first place. The cause does not need to be specifically be written in the contract for the contract to be valid. The cause of the contract must also be legal.
In Quebec, employment contracts are governed by contract law principles found in the Civil Code of Quebec (the “
CCQ”). The CCQ contains provisions dealing with both the general principles applicable to all contracts, as well as particular rules applicable only to employment contracts.