A contractual dispute stems from problems in the interpretation of clauses of a contract.
- In the province of Quebec, a verbal agreement is legal. However, when a problem occurs, it can be very difficult to prove to a judge the content of a verbal contract, stressing the importance of a written agreement.
- At times, some people may be refractory to sign a contract, especially when the other party is a friend or a family member.
- Is someone is hesitant in signing a written contract, there may be something fishy about it. It is possible that the parties do not agree on the terms of the contract, its scope or its object. It is better to immediately reflect on the question instead of having only a verbal agreement that is vague.
- A contract is mostly useful when there is a problem. If there is a misunderstanding between the parties, the contract will confirm that a solution has been envisaged. Consequently, there is no need to seek the advice of a lawyer.
- If the parties agree, whether there is a written contract or not, it does not change a thing, don’t you think?
- We must not be afraid to have a written contract. It must however be read calmly to ensure that all the clauses are well understood. If not, contacting a lawyer for the interpretation of some clauses would be advisable.
The contract protects both parties. It is a bit like driving a car and putting on your seatbelt. It does not guarantee that there will not be a problem, but it helps prevent accidents that would be costly.
- The list can be quite long, but here are some examples of Civil Law contracts : Commercial lease, residential lease, loans, sales, service agreement, work agreement, franchise…
Prevention is better than a day in court.