information:classification, linguistic:voice_change, structural:expansion
Québecois contract law

Québecois contract law also shares two distinctly Canadian duties of good faith with the other Canadian provinces and territories, as a result of the Supreme Court of Canada interpreting provisions of the civil code and precedent in the common law provinces such that they converge. One such duty is that of honest contractual performance. This duty requires parties to a contract to act in good faith and with honesty in exercising their rights under a contract and in delivering their obligations under a contract. This duty prohibits parties to a contract from " or otherwise knowingly mislead each other about matters directly linked to the performance of the contract". In Québec, it is rooted in sections 6 and 7 of the civil code which provide that "every person is bound to exercise his civil rights in accordance with the requirements of good faith" and that "no right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to the requirements of good faith". The other such duty is that to negotiate in good faith, grounded in section 1375 of the civil code which provides that parties to a contract must act in good faith not only at the time an obligation is performed but also "at the time the obligation arises". Circumstances giving rise to this duty include: negotiations between franchisors and franchisees, insurers and insured parties, contracts pertaining to marriages and separation agreements, invitations to tender, and fiduciary relationships. With regard to invitations to tender, this duty is applied in the form of the uniquely Canadian Contract A doctrine.