Contract Law in Quebec, 2nd Edition

Sébastien Grammond, Anne-Françoise Debruche and Yan Campagnolo

August 2016
Wilson & Lafleur
ISBN:  978-2-89689-310-2 

Abstract:

The law of contracts is one of the most fundamental parts of private law. It is the legal foundation of a free-market economy. This book offers a concise yet comprehensive treatment of this essential subject, responding to the needs of legal practitioners, academics, judges and students. It provides English-speaking readers with access to Quebec’s modern and sophisticated law of contracts, which, beyond its North American influences, remains true to the spirit of the civil law tradition.

The book opens with a general introduction explaining the basic concepts and classifications of contract law and situating contract law with respect to other areas of the law. It then discusses the conditions of formation of contracts; their substantive conditions of validity; how to ascertain and review their contents; their effects on third parties; the performance and extinction of obligations; and the specific rules concerning contracts of sale, lease, enterprise and mandate. These topics are analyzed in a manner that highlights the distinctive features of the civil law, such as good faith or specific performance and the most important differences with the common law, like the concept of cause or stipulation for another. Special attention is devoted to issues particularly relevant to practitioners, such as evidence, liability arising out of negotiations, interpretation or prescription. Moreover, current rules are set against their historical context to foster a better understanding of the origins of particular civil law rules or the source of differences between the civil law and the common law.

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About the Author:

Yan Campagnolo’s research focuses on the political, legal and theoretical dimensions of Cabinet secrecy in Canada.  From 2004 to 2005, Professor Campagnolo served as a law clerk to Justice Morris Fish of the Supreme Court of Canada. From 2006 to 2008, he joined the Civil Law Section of the University of Ottawa, where he worked as an assistant professor, assistant dean and codirector of graduate studies in law. From 2008 to 2015, he practised law as counsel for the Privy Council Office. In this capacity, he advised the Prime Minister and the Clerk of the Privy Council on Supreme Court of Canada high-impact constitutional litigation, commissions of inquiry, democratic reform and access to information. In 2015, he joined the Common Law Section of the University of Ottawa as an assistant professor and a member of the Public Law Group.

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