In Quebec, when a valid contract is signed by people whose consent is free and informed, it has the force of law. Therefore, the parties will have to comply with it or risk facing the consequences.
However, since it was desired to ensure that no one finds themselves in an unexpected situation or one where they are completely without help, there are rules governing the operation of the contract. Also, there are certain exceptions under which a person could cancel a contract that has been signed.
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What are the reasons for cancelling a signed contract?
When a contract is concluded, there are indeed a few reasons that allow one of the parties not to fulfill their part of the obligations. However, to avoid any consequences, it is better to take the time to consult a lawyer specialized in contractual liability.
Indeed, to be able to cancel a signed contract, you must be certain that the conditions of the chosen exception are met to avoid any unfavorable situation. Here are the reasons allowing one of the parties to cancel the signed contract:
1) The concluded contract was invalid
One of the first reasons justifying the cancellation of a concluded contract is if it is considered invalid according to the law. Particularly, when signing a contract, it is necessary that the parties respect certain criteria, such as:
- The contract must not violate the law,
- The parties to the contract must be capable of contracting and be of legal age, and
- The contract must contain a valid offer, acceptance, and consideration.
For a contract to be valid, it must not be agreed that one of the parties has to commit an action that would be illegal. For example, if you had signed a contract asking you to steal something, this contract was never valid and therefore, even if you sign it, you do not have to execute the contract.
In other words, if you do not comply with the above conditions, it's as if the contract never existed. Therefore, the contract does not have to be honored. In this case, you do not have to initiate procedures to cancel the contract, because it was never valid.
2) The contract was signed by mistake
Then, it will be possible to cancel a contract if it was signed by mistake. Indeed, if you have made a serious mistake, you will be able to cancel the contract. Also, this option applies when it would be unfair for you to be obliged to respect the contract.
For example, this would be the case if the contract concluded asks you to give all your goods for the equivalent of $1. If a situation like this arises, it is better to directly consult a specialized lawyer.
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In order for a mistake to be considered serious, one must look at the content of the agreement reached. For example, a serious mistake will be considered the lack of an important aspect of your prior discussions to signing.
| Not so fast! Your contract includes a clause stating that you are responsible in the event of an error in the contract? Therefore, you will not be able to request the nullity of the contract without receiving the agreement of the other party. Indeed, the contract will remain valid even if there is an error in its content. |
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Also, if the contract is poorly written to such an extent that it no longer reflects your will, you can argue that the contract you signed was done so by mistake.
3) The other party was not honest
Finally, it will be possible for you to request the nullity of the contract if the other person involved in the agreement was not completely honest in the discussions prior to the signing of the contract.
Good to know! False information can be given intentionally, but also through simple negligence or innocently.
If the false statements are made through negligence or innocently, there is no presumption to justify the nullity of the contract. It will therefore be necessary to prove two elements:
- The person provided you with false information, and
- This justified your decision to conclude the contract.
In the case where the false information was provided intentionally, you will have to prove that the person in question:
- Provided false information,
- Knew at that time that the information was indeed false,
- Intended to deceive you with this information, and
- This justified your decision to enter into the contract.
Keep in mind that proving fraud can be a difficult task. This is due to the fact that it is necessary to prove that the person in question had malicious intentions towards you.
Therefore, if you are able to prove that a person gives false information to the other signatory or that they are not honest, you can request the nullity of the contract.
Cancel a consumer contract - EVERYTHING you need to know!
The ability to cancel a contract is already a significant issue when it comes to questioning consumer contracts. Indeed, there is a popular belief that these contracts provide a 10-day period following the signing to back out of their commitments.
However, the reality is much more complex and each type of contract has its own rules allowing it to proceed with a cancellation after having signed the legal document.
Here is an example of the different deadlines that apply in the case of consumer contracts in Quebec:
| Your situation | Deadline to cancel |
|---|---|
| You have not received the goods or service purchased within 30 days following the conclusion of the contract | At any time |
| You have not received a copy of the contract within 15 days after the conclusion | 30 days after the conclusion of the contract |
| If you have not disclosed all the mandatory information, or If the contract does not have all the necessary information | 7 days after the conclusion of the contract |
| In the case of a resale of tickets for a cancelled event | After the scheduled date for the event |
There are many cases in which simply changing your mind does not allow you to cancel a contract. Moreover, when there is a clause allowing the cancellation of the contract, the time limit is not the same for everyone.
When you look at the Consumer Protection Act, there is no deadline to cancel a contract that you have already concluded. Moreover, there is no obligation for the merchant to accept a request to cancel the contract.
However, in some cases, it is indeed possible to cancel a contract after concluding it. For example, if you have purchased a new vehicle, you can cancel the contract in the event that you have not already taken possession of it. You must have a financing request directly from the merchant.
If these two conditions are met, the consumer can back out of his contract within a 2-day period after concluding it. Indeed, if this is your case, the contract will be cancelled.
In the case of a successive performance contract, it is possible to cancel it at any time. However, it will probably be necessary to pay a certain penalty. This is the case, for example, with your cell phone contract.
This is also the case for gym memberships. It will normally be possible to request the cancellation of the contract within the first month. Afterward, you may have to pay the total agreed amount.
So, where does the notion of a 10-day period come from? This period applies to itinerant merchants who provide a duplicate of the contract to the consumer. The Consumer Protection Act defines the itinerant merchant as a seller who solicits his consumers to make a sale somewhere other than in an established business.
| Attention! If the contract does not comply with the provisions of the law, the deadline will be 12 months. |
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In short, all types of contracts have different conditions when it comes to cancelling them. Therefore, it is better to consult a lawyer specialized in contractual relations.
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The process for cancelling a signed contract in Quebec?
So, if one of the situations above applies to you, you will be able to cancel your contract within the prescribed deadlines. To do this, you will need to send a notice to the person concerned.
| Important! When a contract is cancelled, it will have the same effect on ancillary contracts, warranty contracts or surety contracts. |
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In the case of a consumer contract, the goods must be returned within the following 15 days and ensure that it is in the same condition as it was received. The merchant will, in this case, be obliged to cover the costs to return the goods. In addition, you will have to reimburse the amounts paid by the consumer.
If the payment was made by a credit card, the merchant has 15 days to make the refund. If this is not done, the consumer then has 60 days to submit a chargeback request to the banking institution. Once this is done, the consumer's account will be automatically credited.
Having issues with a contract? Call on JuriGo to find the lawyer you need!
If you are having issues with a contract and you wish to cancel it even if it is already signed, it is important to take the time to read the document in its entirety in order to know all your options. It is strongly recommended to consult a legal professional.
The help of a lawyer in contractual matters can be greatly useful as soon as you start drafting it. Indeed, because of his expertise and meticulous attention to detail, the lawyer can ensure that the contract is validly formed and that it does not violate the articles of the Civil Code considered as public order.
Thanks to JuriGo, it is now possible to find a lawyer that meets your criteria for free.
All you have to do is fill out the online form and JuriGo takes care of the rest.