Contract Law
Contractual Obligations

We are currently creating content for this section. In order to be able to keep up with our high standards of service, we need a little more time. Please stop by again. Thank you for your interest!

An obligation arises from a contract or from any act or fact to which the effects of an obligation are attached by law.

An obligation may be pure and simple or subject to modalities. We see that an obligation in law is something that can come from a contract that you enter into on your own accord. An obligation can also come from any act of fact that attaches obligations through force (law).

A contract is an agreement of wills

A contract is formed by the sole exchange of consents between persons having capacity to contract, unless, in addition, the law requires a particular form to be respected as a necessary condition of its formation.

The object of a contract is the juridical operation envisaged by the parties at the time of its formation, as it emerges from all the rights and obligations created by the contract.

The common intention of the parties rather than adherence to the literal meaning of the words shall be sought in interpreting a contract.  Each clause of a contract is interpreted in light of the others so that each is given the meaning derived from the contract as a whole.

A contract creates obligations and, in certain cases, modifies or extinguishes them. In some cases, it also has the effect of constituting, transferring, modifying or extinguishing real rights.

The exchange of consents is accomplished by the express or tacit manifestation of the will of a person to accept an offer to contract made to him by another person.

Silence does not imply acceptance of an offer, subject only to the will of the parties, the law or special circumstances, such as usage or a prior business relationship.Consent may be given only by a person who, at the time of manifesting such consent, either expressly or tacitly, is capable of binding himself.

The confirmation
of a contract results from the express or tacit will to renounce the invocation of its nullity.Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is liable to reparation for the injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them.

  The principal is liable to reparation for injury caused by the fault of his agents and servants in the performance of their duties; nevertheless, he retains his recourses against them.

An agent or servant of the State or of a legal person established in the public interest does not cease to act in the performance of his duties by the mere fact that he performs an act that is illegal, unauthorized or outside his competence, or by the fact that he is acting as a peace officer.

The principal is liable to reparation for injury caused by the fault of his agents and servants in the performance of their duties; nevertheless, he retains his recourses against them.  Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person by such fault and is liable to reparation for the injury, whether it be bodily, moral or material in nature. He is also liable, in certain cases, to reparation for injury caused to another by the act or fault of another person or by the act of things in his custody.

 Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is liable to reparation for the injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them.

Interpretation act of Quebec article 1. This Act shall apply to every statute of the Parliament of Québec, unless and in so far as such application be inconsistent with the object, the context, or any of the provisions of such statute. 

Interpretation act of Quebec article 61. In any statute, unless otherwise specially provided, “person”; (16) the word “person” includes natural or legal persons, their heirs or legal representatives, unless inconsistent with the statute or with special circumstances of the case; 

Highway safety code article 5. For the purposes of this Code, the word “person” also includes a partnership and the words “farm machine” include a farm tractor.

A partnership is a legal person. It is clear from the object being mentioned that the person in the highway safety code is strictly a legal person. Please note the distinction in the words INCLUDES and include. The spelling of this word is different from one to another.   

Black law’s states that Include- is to contain as a part of something some drafters use phrases such as including without limitation and including but not limited to which mean the same thing.

Black law’s states that includes- “indusio unius est exclusio alterius” A canon of construction holding that to express or include one thing implies the exclusion of the other, or of the alternative.

The word person in the highway safety code includes “indusio unius est exclusio alterius” a partnership which is in law a legal person, legal entity or juridical personality. The expression of this term includes is evidence that the code only applies to the legal person for the inclusion of the object partnership excludes all others from being included. The legal term also includes is an exclusive term whatever object follows after this term, that is it, nothing else can be designated or included.

In 550551 Ontario Ltd. V. Framingham “Under this rule, when legislative intent is in question, we can presume that when the legislature expressly includes specific terms, it intends to exclude any items not expressly included in the specific list.”

Generally, when defining words one would use a format such as, ‘person means' this or that. In the Statutes and Acts,  however, the crafters chose to use the word includes which has as its old English meaning the idea of ‘to enclose’ or ‘confine within.’ Burton's Legal Thesaurus, 3rd
Law Dictionaries such as Black’s 4th edition and earlier, clearly define ‘includes’ as: “To confine within, hold as in an inclosure, take in … contain, inclose 10.     The Supreme Court of Canada citing Halsbury’s Laws, vol. 36, 3rd ed., 1961, at p. 392 in the case law Martin v. Chapman, [1983] 1 S.C.R. 365 gives this ruling: “Words are primarily to be construed in their ordinary meaning or common or popular sense, and as they would have been generally understood the day after the statute was passed, unless such a construction would lead to manifest and gross absurdity, or unless the context requires some special or particular meaning to be given to the words.”    
When I look into black laws 9th edition under the word conveyance we find the following voluntary conveyance
1. A conveyance made without valuable consideration, such as a deed in favor of a relative.

2. The transfer of a property right that does not pass by delivery of a thing or merely by agreement.

3. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 

4. The document (usu. a deed) by which such a transfer occurs. [Cases: Deeds (;=3.] 

5. A means of transport; a vehicle. According to black’s law when I use the word conveyance I am indicating a means of transport, a vehicle. It does not say a “motor”, “passenger” or “road” vehicle it just states vehicle.

Highway safety code In the interpretation section of the words defined you will not find the word “vehicle” you will find “motor vehicle”, “road vehicle” and “passenger vehicle”. So as you can see it is very clear that there is indeed a vehicle that is a conveyance that does not fall under the highway safety code. 

In the Highway safety code  “road vehicle” means a motor vehicle that can be driven on a highway, other than a vehicle that runs only on rails, a power-assisted bicycle or an electrically propelled wheelchair; a trailer, a semi-trailer or a detachable axle is defined as a road vehicle;

passenger vehicle” means a motor vehicle designed for the transportation of not more than nine occupants at a time, where such transportation does not require a permit from the Commission des transports du Québec;

motor vehicle” means a motorized road vehicle primarily adapted for the transportation of persons or property;  The highway safety code states that a motor, passenger or road vehicle is for the primary transportation of persons or property. The use of the word primary must then indicate a secondary capacity or even many subsequent capacities or else why use the indication “primary”

A driver license is required for a person who is operating a motor, passenger or road vehicle Highway safety code article 65. No person may drive a road vehicle unless he holds a driver's licence of the class appropriate to the driving of that vehicle as determined by regulation, and containing the particulars prescribed by regulation, if any. The person referred to in this article is a legal person and the vehicle intended for operation is a motor vehicle which is for the primary transport of persons or property. A driver license is required for a person who is operating a motor, passenger or road vehicle and not for a human who is operating a private conveyance {vehicle}.

Highway safety code- Registration

Article 21. To obtain the registration of a road vehicle and the right to put the vehicle into operation on a public highway, a private road open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed, the owner of the vehicle must...

The highway safety code is referring to the registration of a “ROAD VEHICLE” and the right to use the road vehicle. There is a distinction? What is being registered is a “Road Vehicle” that is primary for the transport of persons.

If a man or women want their private conveyance to be designated a road, motor or passenger vehicle there is a process that must be followed to obtain this designation of {road, motor, or passenger vehicle}.
1.Comply with the conditions and formalities established by regulation.

2. Pay the fees fixed by regulation, the duties fixed by regulation and revalorized, where applicable, in accordance with section 151.4 of the Automobile Insurance Act (chapter A-25).

It is only when the above conditions are fulfilled that a vehicle such as my private conveyance can be designated or given the title of road, passenger or motor vehicle under the code. If the above conditions are not met then the title and designations do not apply to my conveyance.

When a person applies for the services at that point is when the conveyance is rendered and given a different “title” in law and this title attaches jurisdiction to govern and regulate.

If we look to the criminal code of Canada to we find the interpretation – “motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment; In the highway safety code we find the interpretation as follows- “motor vehicle” means a motorized road vehicle primarily adapted for the transportation of persons or property; Very distinct definitions of the same “TERM” however the meaning of the term is changed and altered.

My private conveyance
is a vehicle that does not have the title or designation “road, motor or passenger vehicle”.

The owner of a road vehicle must apply to the Société for its registration upon taking possession of it.

Registration is effected by entering in the register kept by the Société for that purpose such information concerning the road vehicle and its owner as is prescribed by regulation. Registration shall subsist for as long as the road vehicle and its owner remain the same. Again it is only when a man or women brings their private conveyance {vehicle} to the SAAQ and fulfills the obligations of the SAAQ that the registration can take place for a road, motor or passenger vehicle. It is the act of registration that changes the designation of the conveyance.

In the highway safety code when the code refers to person this is referring to a legal person only for the word includes was used which denotes an exclusive context and then it mentions partnership. A partnership is a legal person/entity under law. The code is strictly enforceable upon legal persons, juridical personalities.

The owner of a road vehicle must solidly attach the registration plate issued to him to the rear of the vehicle or to such other place as is determined by regulation. The only thing that can be the owner of a “road vehicle” is a legal person a juridical personality.

The road vehicle is something a person possesses after they have fulfilled all the obligations of the SAAQ not prior. The Citizen has the Right to travel and to transport his property upon the public highways in the ordinary course of life and business.

However, if one exercises this Right to travel (without first giving up the Right and converting that Right into a privilege) the Citizen is by statute, guilty of a crime. This amounts to converting the exercise of a Right into a crime.

natural person. A natural person is a human being that has the capacity for rights and duties.

artificial person.
A legal entity, not a human being, recognized as a person in law to whom certain legal rights and duties may be attached - e.g. a body corporate. the natural-person has the "capacity" (i.e. ability) for rights and duties, but not necessarily the obligation. The artificial-person has rights and duties that may be attached (i.e. assigned) by laws.

In Black's Law Dictionary 2nd edition (1910) we find:

TRAFFIC. Commerce; trade; dealings in merchandise, bills, money, and the like. (Black's 3rd edition was published in 1933)

In Bouvier's Law Dictionary 1856 we read:

TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money and the like…

Noah Webster's 1906 American Dictionary defines Traffic as:
n. 1. trade, commerce, either by barter or by buying and selling…
v. 1. to trade, to pass goods and commodities from one person to another for an equivalent in goods or money… to carry on commerce.

Was the 1923 intent of the Highway Traffic Act really about the commercial use of the public highways by private and public vehicles?

 In Black's 8th (2004) and 9th (2009) we find these definitions:
traffic,n.1. Commerce; trade; the sale or exchange of such things as merchandise, bills, and money... 4. The passing to and fro of people, animals, vehicles, and vessels along a transportation route.
traffic,vb. To trade or deal in (goods, esp. illicit drugs or other contraband)

There is a problem! The meaning in the modern dictionaries has been expanded from what was clearly trade and commerce in the older editions to a definition that now adds the "passing to and fro of people." This means that Acts written earlier, which were to address only issues of commerce and trade, are now infringing upon our inalienable right to travel.

 This is WRONG! UNJUST and UNLAWFUL! As human beings, we cannot be separated from our rights. “Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights, also called inalienable rights, are considered to be self-evident and universal. They are not contingent upon the laws, customs, or beliefs of any particular culture or government. Legal rights, such as constitutional rights, common law rights, and statutory rights, are bestowed under a particular political and legal system; they are relative to specific cultures and governments.” INALIENABLE.

This word is applied to those things, the property of which cannot be lawfully transferred from one person to another. Public highways and rivers are of this kind; there are also many rights which are inalienable, as the rights of liberty, or of speech.
6 Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. Morrison v. State, Mo. App., 252 S.W.2d 97, 101.

This means we should use the definitions that were used when the Act was written. The language of Law ought not change—ever. From the original meaning of traffic we see that it was commercial in nature and never applied to human beings not engaged in commerce.

ICCPR Article 22- No one may be compelled to belong to an association.