Popis: |
Quebec civil law deals with issues relating to price control by various means. Even though questions of lesion (or unconscionable contracts) play a very limited role in the general rules of contracts, it is given particular attention in consumer law. An extensive revision of the Civil Code, completed at the end of the twentieth century, did not include significant changes which would allow the contestation of contracts perceived as lesionary under the general rules of contract. It does offer, however, greater relief to vulnerable contracting parties in relation to contracts of adhesion in which clauses deemed abusive are subject to a sanction of nullity or of reduction of the obligations included therein. Moreover, certain contracts or stipulations may be subject to specific rules set out by federal or provincial provisions relating to price control, or to expectations of transparency on the part of economic actors for clauses having an impact on prices. Thus, the pertinent rules vary considerably according to their source and their scope. The application of these rules may present interesting variations from a procedural point of view since related litigation is not necessarily limited to individual lawsuits but may, in certain circumstances, form the basis of a class action. |