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How Quebec’s law handles illegal contracts

A contract is a legally binding agreement involving two or more persons for a specific purpose. A contract can be an instrument of economic exchange for goods and services. The law of contract in Canada is administered through Quebec civil law and common law. Since a contract is a legally binding promise, it differs from other agreements in that a party that refuses to fulfill its promise is required to act in a specific way such as payment of damages and restitution.

The Canadian common law and Quebec civil law follow similar rules regarding contract and performance between parties. These two sources of contract law state that parties are free to contract whenever they wish and for whatever reason they wish. However, there are limits to contractual freedom whereby the law imposes certain restrictions on illegal contracts. Contracts that are contrary to statutory law are considered null and void under the Canadian criminal code. The same applies to contracts that are contrary to ethics, public order and civil law such as contract for a professional killer.

Illegal Contracts in Quebec and United States

Illegal contracts are unenforceable in the United States, just like in Quebec if they are contrary to public policy or against a given statute. Although Quebec civil law is the exclusive source of law in Canada, there are various sentences that go with the crime. Unlawful contracts are handled depending with the kind of crime and the severity of the crime. In the United States, the courts do not enforce illegal contracts. Therefore, illegal contracts in the two regions are considered null and void, invalid, voidable, ineffective, unlawful or otherwise unenforceable as they go against public order (ULCC, ND).

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