Enlarge text Enlarge text Enlarge text    Print

News & Events

Presentations


Mastering Key Differences Between Quebec and Common Law Agreements to Ensure Enforceability in all Jurisdictions

Date: 11/30/2010
Conference: Legal, Business & Common Law Guide for Qu?bec Lawyers on Negotiating, Drafting & Interpreting Key Business Agreements
Organizer: The Canadian Institute
City: Montreal

On November 30, 2010, Daniel Bourque will be speaking on "Mastering Key Differences Between Québec and Common Law Agreements to Ensure Enforceability in all Jurisdicitions" at the Canadian Institute's Legal, Business & Common Law Guide for Québec Lawyers on Negotiating, Drafting & Interpreting Key Business Agreements Conference.

SYNOPSIS OF TALK:

Preliminary Agreements

  • When does an “agreement to agree” bind the parties in common law provinces? What are the criteria?
  • How to ensure your preliminary agreements are enforceable?
  • What is binding, what is not?

Privity of Contract and Stipulation for Another

  • Upon whom can a contract confer benefits according to the “privity” of contract rule?
  • What are the criteria to extend benefi t to a third party?

Good Faith

  • Current law on duty to negotiate in good faith: Extent of duty in Québec and elsewhere
  • Why good faith should be present in common law agreements when it does not have to be inserted in agreements ruled by Quebec law?

Consideration

  • What constitutes “sufficient” consideration in common law?
  • Do you need consideration when amending an existing agreement?


Please click for more information about the Conference.