Property Law Quiz

The Napoleonic Code, enacted in 1804, aimed to reflect the ideals of the French Revolution by ensuring accessibility, uniformity, and predictability of laws.

The Civil Code of Lower Canada, enacted in 1866, replaced the manorial law that had been in place since the 17th century in New France, inspired by the Napoleonic Code.

The C.C.Q (Civil Code of Quebec), enacted in 1991, is based on the principle that individuals are naturally free, rational, and responsible for their actions.

A contract of adhesion is where the important clauses are imposed by one of the parties, often leaving the other party with little negotiation power.

A consumer contract involves a physical person obtaining property or services for personal use from someone who offers them commercially.

A contract is formed when and where an acceptance is received by the offeror, regardless of any other factor.

An offer to contract must contain all the essential elements of the proposed agreement and clearly show the offeror's willingness to be bound if the offer is accepted.

A contract is binding between the parties based on the explicitly written terms and any 'incidental' conditions that are implied by them.

A legal agreement that restricts an employee from working for a competitor for a specific period after leaving their current job. It is enforced in its entirety; courts cannot modify it to make it reasonable.

An employer cannot enforce a restrictive covenant if they dismiss the employee without a valid reason like serious misconduct.

A type of restrictive covenant that prevents an employee from working for a competitor for a period after leaving their current job.

A type of clause that prohibits an employee from contacting and soliciting former clients.

The employer has an obligation to protect the employee's health, safety, and dignity while they perform their work.

A contract of employment automatically continues for an indefinite period if the employee continues working for five days after the end of the initial term without objection from the employer.

Both parties in an indefinite-term employment contract can terminate it by giving reasonable notice.

An employee cannot waive their right to compensation for insufficient notice or abusive termination.

When a reasonable person should have foreseen that their actions could cause harm, they are considered negligent.

Taking reasonable precautions to prevent harm from occurring is a key element in establishing a due diligence defense against negligence.

A causal link must be established between the fault and the injury to determine liability.

Extra-contractual liability based on fault requires a proven fault, injury to the victim, and a causal link between the two.

This type of civil liability is based on a person's actions or fault.

This type of civil liability occurs when someone is injured or suffers damages due to the actions or fault of another person.

This type of civil liability occurs when someone is injured or suffers damages due to a defect in a thing.

This type of civil liability involves situations where the victim does not have to prove fault.

A real right on a movable or immovable property that secures an obligation, allowing the creditor to follow the property and take possession, sell it, or have a preference on sale proceeds.

A right that exists only as long as the obligation it secures still exists. It's secondary to the main obligation and ceases to exist when the obligation is fulfilled.

A list of claims ranked in order of priority, ensuring that creditors are paid in a specific sequence, even against any agreement to the contrary.

Claims of municipalities and school boards for property taxes on taxable immovables, giving them a real right to follow the property into anyone's hands.

Claims that rank before movable or immovable hypothecs, regardless of their date, and are paid in proportion to their amount when of equal rank.

They rank according to their specific order, ensuring that creditors are repaid in a predictable manner, based on the established hierarchy.

Any costs incurred for the common interest, including legal fees and expenses for seizures or notices.

The claim of a seller who hasn't been paid for a movable good sold to a consumer (natural person not operating a business).

A legally binding agreement between a private partner (SPV) and a public entity, outlining the terms for a public-private partnership (P3) project.

A document that flows down all the design and build obligations from the PA to the private partner's construction contractor, minimizing the risk of missed obligations.

A document similar to the DB Agreement, but outlining the operations and maintenance obligations, ensuring the infrastructure continues to function properly after construction.

The way different components of the project, such as design, construction, and operations, are connected and interact. It typically includes provisions to protect the private partner from liability for damages caused by other contractors.

Agreements between the government and lenders, and between contractors and lenders, to protect the lenders' investment in case of project defaults.

Agreements between the government and the contractors, designed to protect the government's interests in case of a private partner default.

An independent professional who verifies that the project meets the contract requirements and milestones, but does not have oversight or surveillance responsibilities.

A process for resolving disputes between parties involved in a P3 project, often using methods like mediation or arbitration to reach a mutually agreeable solution.

A study to assess potential environmental impacts of a project before it begins.

An assessment by a qualified professional who confirms the completeness and accuracy of information submitted for a project.

Environmental regulations that focus on controlling noise levels during a project.

A legal offense where the accused's intention is a key element. The prosecution must prove beyond reasonable doubt that the accused intended to commit the crime.

A type of legal offense where the prosecution must prove the accused committed a harmful act, regardless of their intent.

A type of legal offense involving environmental violations where the prosecution must prove the accused's actions were unreasonable, even without direct proof of intent.

Legal requirements that apply to a project even after obtaining permits. These regulations help ensure continued environmental compliance during project implementation.

A principle that requires those responsible for environmental damage to pay for the costs of cleanup and remediation.

This legislation aims to address the environmental performance of buildings, including factors like biodiversity impact.

This refers to legal actions taken to enforce environmental regulations and ensure compliance with laws.

A legal principle that emphasizes the importance of maintaining clean soil and addressing contaminated land issues.

Local level initiatives, such as those focused on protecting avian populations, are particularly important for safeguarding biodiversity.

A type of permitting process that allows certain projects to move forward quickly and easily.

A comprehensive report examining the status of bird species in Canada, highlighting their conservation needs and threats.