NCA Quebec Civil Law Basics

Question 1

The Civil Code of Québec (CCQ) came into force in which year, replacing the Civil Code of Lower Canada?

Accepted Answer

1994

Answer

1867

Answer

1982

Answer

2002

Question 2

In Quebec civil law, the contract of sale is governed by which articles of the CCQ, and what is the vendor's primary obligation?

Accepted Answer

Articles 1708–1784; the vendor must deliver the property and warrant ownership

Answer

Articles 2098–2129; the vendor must provide quality workmanship

Answer

Articles 2319–2366; the vendor must register the sale

Answer

Articles 1590–1625; the vendor must provide reasonable notice before completion

Question 3

Under the CCQ, what is the legal warranty against latent defects (vices cachés) in a contract of sale?

Accepted Answer

The vendor warrants that the property is free of defects that would have prevented the buyer from purchasing it or would have resulted in a lower price if known, and that the vendor did not know of the defects at the time of sale

Answer

The vendor is liable only for defects that were caused by the vendor's negligence after the sale

Answer

The buyer waives all defect claims by purchasing the property 'as is'

Answer

The warranty only applies to immovable (real) property, not movables

Question 4

In Quebec, which doctrine governs the extinction of obligations over time, and what is the general prescription period for personal actions under the CCQ?

Accepted Answer

Prescription (prescription extinctive); 3 years for personal actions under CCQ art. 2925

Answer

Limitation of actions; 6 years

Answer

Laches; variable depending on the circumstances

Answer

Res judicata; 10 years after final judgment

Question 5

The Quebec Charter of Human Rights and Freedoms (CQLR, c. C-12) differs from the Canadian Charter in which significant way?

Accepted Answer

The Quebec Charter applies to both government action and private relationships, making it a quasi-constitutional instrument with broader private law reach

Answer

The Quebec Charter only applies to criminal proceedings

Answer

The Quebec Charter does not protect freedom of expression

Answer

The Quebec Charter can only be invoked before the Quebec Court of Appeal

Question 6

In Quebec civil law, 'extra-contractual liability' (delictual liability) is governed by which provision of the CCQ, and what is the general standard?

Accepted Answer

CCQ art. 1457; every person has a duty to abide by the rules of conduct which are incumbent on them under the circumstances, and is liable for any injury caused by fault

Answer

CCQ art. 1590; liability requires proof of intent to cause harm

Answer

CCQ art. 2803; liability requires written proof of the defendant's fault

Answer

CCQ art. 300; only legal persons can be held liable in delict