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Contractual and extra-contractual liability

There are two types of liability: civil liability arising from a contract, also known as contractual liability, and extra-contractual liability, which arises from a person’s deeds and actions (or omissions). Both types of liability are based on the notion of “fault,” which includes the violation, intentional or not, of a civil obligation.

Contractual liability is liability arising from someone’s refusal or neglect to honour the commitments taken under a contract. They are not fulfilling, or only partially fulfilling, their obligations, which results in harm (or damage). Extra-contractual liability designates situations of civil liability that occur in the absence of a contract between the victim and the guilty individual.

The professionals in our firm have wide-ranging and long-standing experience, both as plaintiffs and defendants, in claims arising from contractual and tortious liability and in quantifying the harm incurred. Our lawyers also have all the ideal expertise to assess the extent or your rights under a given contract and to advise you in how to exercise them.

Dispute prevention

Our team is fully aware of the inconvenience and cost of obtaining a remedy before the courts. That’s why we encourage dispute prevention, particularly through the addition to certain contracts of clauses setting out the procedure to follow in case of a conflict.

Class action suits

Whatever the scope of your class action suit, our litigation and taxation teams have already successfully handled and resolved such remedies, both as plaintiffs and defendants. If you’re seeking to uphold your rights and obtain financial compensation simply by joining forces with people in the same situation as you, we will be able to tell you if your plan is possible and if it is appropriate. Class action suits have demonstrated their usefulness in cases of remedies for shareholders’, for unfair competition and for liability.

Interpreting insurance contracts

With our experience in insurance litigation, we can give you a fair opinion of the extent of coverage in your insurance policy, and on any recourse you can take and its potential success. We will make your insurer take your defence or assume the costs that arise when your policy allows.

Franchise law

The success of the franchisor-franchisee agreement depends on its quality and the rigour it has been written with. Representing a formal agreement by which a business (the franchisor) grants another (the franchisee) the right to exploit its brand and know-how, the agreement’s goal is to commercialize the kinds of products and/or services described in it. This right of exploitation is granted in return for direct or indirect financial compensation. The franchise contract can therefore include restrictive clauses for either of the parties, such as non-compete clauses, exclusivity clauses, confidentiality clauses and so on. It is essential that you consult one of our law professionals specializing in franchising to properly protect you from any disputes or conflicts.

Here are just a few of the subjects our expertise in litigation covers:

  • Real estate litigation and commercial leases, representation before the administrative and appeals courts
  • Restructuring, bankruptcy and insolvency
  • Labour and employment law, for employers and employees
  • Family law and collaborative law, in or out of court
  • Tax litigation

Find out about our specialized teamContractual and extra-contractual liability