Canadian Contract Law

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Canadian contract law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within ______.

Quebec

While Québecois contract law was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of ______

Quebec

Individual common law provinces have codified certain contractual rules in a Sale of Goods Act, resembling equivalent statutes elsewhere in the ______.

Commonwealth

As most aspects of contract law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, contract law may differ even between the country's common law provinces and ______

territories

Conversely; as the law regarding bills of exchange and promissory notes, trade and commerce (including competition law), maritime law, and banking among other related areas is governed by federal law under Section 91 of the Constitution Act, 1867; aspects of contract law pertaining to these topics (particularly in the field of international shipping and transportation) are harmonised between ______ and the common law provinces

Quebec

Canadian contract law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within ______

Québec

While Québecois contract law was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of ______

Quebec

Individual common law provinces have codified certain contractual rules in a Sale of Goods Act, resembling equivalent statutes elsewhere in the ______

Commonwealth

As most aspects of contract law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, contract law may differ even between the country's common law provinces and ______

territories

Conversely; as the law regarding bills of exchange and promissory notes, trade and commerce (including competition law), maritime law, and banking among other related areas is governed by federal law under Section 91 of the Constitution Act, 1867; aspects of contract law pertaining to these topics (particularly in the field of international shipping and transportation) are harmonised between ______ and the common law provinces

Québec

Study Notes

Canadian Contract Law Systems

  • Canadian contract law consists of two parallel systems: common law outside Québec and civil law within Québec.
  • Québec's contract law originated from French law at the time of Québec's annexation into the British Empire.

Codification of Contract Law

  • The Civil Code of Lower Canada initially codified Québec's contract law, later replaced by the current Civil Code of Québec.
  • Individual common law provinces have codified certain contractual rules in a Sale of Goods Act, similar to statutes in other common law jurisdictions.

Provincial Jurisdiction

  • Most aspects of contract law in Canada fall under provincial jurisdiction, according to the Canadian Constitution.
  • As a result, contract law may differ between common law provinces and Québec.

Federal Law and Harmonization

  • Federal law, under Section 91 of the Constitution Act, 1867, governs areas like bills of exchange, trade and commerce, maritime law, and banking.
  • Aspects of contract law related to these areas are harmonized between Québec and the common law provinces, particularly in international shipping and transportation.

Test your knowledge of the two parallel systems of Canadian contract law: the common law framework outside Québec and the civil law framework within Québec. Learn about the historical development and distinct characteristics of Canadian contract law.

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