Verbal Agreement Quebec

Most contracts do not have to be written: an oral agreement or an exchange of emails is enough to conclude a contract. For example, Nina calls Yousef who sells her sofa online. She says she is willing to pay $150 and will pick him up tomorrow. A contract has been concluded between Nina and Yousef through these simple exchanges and each of them must respect the contract. The reality is that many employees take advantage of the fact that oral agreements – or agreements based on an exchange of electronic messages or other communications – are binding. In many cases where employees claim that they should not be respected by the agreement they have signed, the argument is that an oral agreement has already been reached. This is an oral contract, but it is legally as valid as a written contract. Apparently, the ancestral tradition of the handshake comes from a ritual that gave both people the opportunity to make sure the other didn`t hide a weapon. Over the years, this ritual has become many things, one of which remains the conclusion of an oral contract. Many clients have asked me whether such an agreement is valid or, in other words, is it legally binding under Quebec law? The Civil Code of Québec (“C.C.Q.” defines a contract as “an agreement of will by which one or more persons undertake vis-à-vis one or more other persons to carry out a pre-station”[1]. There is a fairly common expression that “an oral contract is not worth the paper on which it is written”, and many people think that if an agreement is not written, it is not legally binding. This is simply not true, and people should not think that they can avoid the consequences of the agreement they make if they do not sign.

As a rule, an oral contract and written contact apply. However, the Civil Code of Québec mentions certain exceptions to this rule (for example.B marriage contracts, mortgages or certain gifts and mandates). A written document is required for these derogations. As such, an oral agreement is valid and legally binding for the majority of contracts. The difficulty of these oral treaties lies not in their execution, but in the proof of their existence. When a dispute arises between two parties that requires the intervention of a court, the tribunal, if a party has to deny the existence of the oral agreement, is faced with a situation “it said it said”. In addition, the party asserting the claim (i.e. a concluded oral contact) usually has the burden of proof to justify the claim. In June, I moved in with a school friend in an apartment in Salaberry-de-Valleyfield. He signed the original lease a year or two ago, but I also wanted to be there (to protect myself from being evicted). I told him to contact the owner from January to June many times (at least once every two weeks), but each time he forgot or the owner forgot.

The month of June arrived and I moved in reluctantly. We agreed orally that I would pay rent and live there. The contract, regardless of its form, is legally binding, subject to special requirements imposed by law. In other words, the oral agreement has the same legal force as a written agreement. .

By Tim