NCA Quebec Civil Law Basics 3 — Questions and Answers
Question 1: Under the CCQ, what are the essential conditions for a valid contract?
- Offer, acceptance, and consideration
- Capacity of the parties, consent that is free and enlightened, and an object that is not prohibited by law (Correct answer)
- Offer, acceptance, consideration, and written form
- Capacity, writing, notarization, and registration
Correct answer: Capacity of the parties, consent that is free and enlightened, and an object that is not prohibited by law
CCQ art. 1385 identifies three essential conditions for a valid contract: (1) the capacity of the parties to contract; (2) consent that is free and enlightened; (3) an object (cause) that is not prohibited by law or contrary to public order. Notably, consideration is not required in Quebec civil law.
Question 2: The CCQ recognizes several 'vices of consent.' Which of the following is recognized as a vice of consent that may allow a party to annul a contract?
- Economic inequality between the parties
- Error, fear (violence), and lesion (in certain cases) (Correct answer)
- Breach of implied warranties by the other party
- Failure to register the contract in the land registry
Correct answer: Error, fear (violence), and lesion (in certain cases)
CCQ arts. 1399–1408 identify error, fear (violence/duress), and fraud as vices of consent that may ground annulment. Lesion (gross imbalance of prestations) may also ground annulment in contracts with minors or protected persons, and in certain consumer contracts.
Question 3: In Quebec law, the 'obligation of means' (obligation de moyens) differs from an 'obligation of result' (obligation de résultat) in that:
- An obligation of means requires only best efforts; an obligation of result requires that the promised outcome be achieved (Correct answer)
- An obligation of result is more lenient and requires only reasonable care
- The distinction has been abolished by the 2016 amendments to the CCQ
- An obligation of means is only found in employment contracts
Correct answer: An obligation of means requires only best efforts; an obligation of result requires that the promised outcome be achieved
In Quebec (and French) civil law, an obligation de moyens requires the debtor to use best efforts and reasonable care (e.g., a doctor's obligation to treat a patient). An obligation de résultat requires the actual achievement of the promised outcome (e.g., a carrier's obligation to deliver goods safely). The distinction affects how breach is proven.
Question 4: Under the CCQ, which type of security interest over movable property replaces the old common law concept of a chattel mortgage in Quebec?
- Hypothec on movables (hypothèque mobilière) (Correct answer)
- Pledge (gage)
- Conventional security (sûreté conventionnelle)
- Prior claims (créances prioritaires)
Correct answer: Hypothec on movables (hypothèque mobilière)
The CCQ replaced the fragmented pre-1994 Quebec security law with a unified hypothec concept. A hypothec (mobilière or immobilière) is the primary consensual security interest over both movable and immovable property. Movable hypothecs (with or without delivery) replace chattel mortgages, conditional sales, and floating charges.
Question 5: In Quebec law, what is the 'Register of Personal and Movable Real Rights' (RDPRM / Registre des droits personnels et réels mobiliers)?
- A registry of all contracts in Quebec
- A public registry where movable hypothecs and other real rights in movables must be published to be enforceable against third parties (Correct answer)
- The civil status registry recording births, marriages, and deaths
- A registry of all business names in Quebec
Correct answer: A public registry where movable hypothecs and other real rights in movables must be published to be enforceable against third parties
The RDPRM (Registre des droits personnels et réels mobiliers) is the public registry for movable real rights under the CCQ, including movable hypothecs and leases of movables. Publication in the RDPRM is required for most movable real rights to be enforceable (opposable) against third parties.
Question 6: Under the CCQ, what is the prescriptive period for actions based on bodily injury caused by others?
- 1 year from the discovery of the injury
- 3 years under the general prescription period for personal actions
- The injured person has until age 30, or 3 years from the day they turned 18, whichever is later (Correct answer)
- No time limit applies to personal injury claims in Quebec
Correct answer: The injured person has until age 30, or 3 years from the day they turned 18, whichever is later
CCQ art. 2926.1 provides that an action for bodily injury arising from an act that could constitute a criminal offence prescribes three years from the day the victim knew or should have known the link between the injury and the act. The general rule for most tort claims (CCQ art. 2925) is three years, but special rules extend protection for minors and victims of violence.
NCA Quebec Civil Law Basics 3
Under the CCQ, what are the essential conditions for a valid contract?