Quebec’s Law Essay Examples
Type of paper: Essay
Topic: Law, Contract, Criminal Justice, Crime, Quebec, Party, Compensation, Money
The Quebec law is the civil code that is in place at Quebec in Canada. The Quebec law has no contract law of its own. In Quebec law, the contract is basically an agreement between two parties and this agreement is legally binding upon both the parties in order for a contract to remain valid. If any party is found cheating or exposed in any fraudulent activity, then the contract becomes illegal / fraud contract. In the Civil Code of Quebec, it is stated that in the case of illegal contracts the court must order compensation. If the restitution has become impossible in any case or there is a possibility that it will affect the third party, the court must order compensation through monetary benefits to the other party. If a task is performed under an illegal contract, the court is binded to order equivalent compensation – to an extent that it avoids unjust fortification. Any property that is purchased through illegal contract will also be dissolved and compensated accordingly where a third party already claims their rights in this property (ULCC, 2013).
In the Common law of USA, a similar structure is followed as far as the illegal contracts are concerned. Even though the contracts are partially made in writing, but mostly through conduct or orally. The illegal contract or breaching the contract can turn out to be damaging to the fraudulent party because they will have to give a certain form of compensation either in the form of non-monetary or monetary form. The main difference of the U.S. law here with the law of Quebec is that here the party at loss is the one that benefits from the bargain which is greater than the reliance damages that are discussed initially (ULCC, 2013).
ULCC (2013) Illegal Contract Law http://ulcc.ca/en/home-en-gb-1/438-josetta-1-en-gb/uniform-actsa/illegal-contracts-act/712-illegal-contracts-act