Quebec Civil Law Basics Flashcards

Under Quebec law, what is the 'duty to mitigate' (obligation de minimiser les dommages) as codified in the CCQ?

Answer: CCQ art. 1479 requires the creditor to take reasonable steps to reduce or avoid the damage following a fault or breach

CCQ art. 1479 codifies the duty to mitigate: a person who claims damages must take appropriate steps to reduce or avoid the prejudice. Failure to mitigate reduces the recoverable damages.

In Quebec, what is the legal consequence when a contract contains a clause excluding liability for bodily injury?

Answer: CCQ art. 1474 renders any clause excluding or limiting liability for bodily injury caused by an intentional or gross fault null, and any clause excluding liability for bodily injury is generally prohibited

CCQ art. 1474 prohibits clauses excluding or limiting liability for bodily injury (or material damage caused by intentional or gross fault). An exclusion clause for bodily injury is absolutely null and cannot be relied upon by the debtor.

Under the CCQ, when is a contract of adhesion (contrat d'adhésion) subject to special protective rules?

Answer: When stipulations of the contract are imposed or drawn up by one party without the other party having the opportunity to negotiate them; abusive clauses may be struck or revised

CCQ art. 1379 defines contracts of adhesion as those containing stipulations imposed or drawn up by one party that the other had no real ability to negotiate. CCQ art. 1437 allows courts to strike or modify abusive clauses in contracts of adhesion—particularly clauses creating a serious disproportion between the parties' obligations.

Under Quebec law, the concept of 'judicial review of administrative decisions' by the Quebec courts relies primarily on which provision?

Answer: Article 529 of the Code of Civil Procedure (CCP) providing for applications for judicial review before the Superior Court

In Quebec, judicial review of administrative decisions is governed by the Code of Civil Procedure (CCP) arts. 529–535, which provide for an application for judicial review (previously known as a motion for an extraordinary remedy) before the Quebec Superior Court. The Administrative Justice Act also governs tribunal procedures.

Which instrument governs employment contracts in Quebec alongside the CCQ?

Answer: The CCQ provisions on contracts of employment (arts. 2085–2097) apply, supplemented by the Act Respecting Labour Standards (ALS) which sets minimum conditions

Employment contracts in Quebec are governed by CCQ arts. 2085–2097 (defining the contract, defining duties, protecting against abusive dismissal in certain contexts) and the Act Respecting Labour Standards (Loi sur les normes du travail), which sets minimum conditions for notice, severance, and working conditions.

Under Quebec's Act Respecting Consumer Protection (ACP), what remedies are available to a consumer against a merchant who violates the Act?

Answer: Rescission of the contract, reduction of the consumer's obligations, or damages; class actions are also commonly available

The Act Respecting Consumer Protection provides consumers with civil remedies including rescission of the contract, reduction of obligations, and damages (s. 272). These remedies are in addition to regulatory enforcement by the OPC. Consumer class actions are a frequent enforcement mechanism in Quebec.