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Are you an unwilling participant in a legal dispute? We understand that this is frustrating, and possibly, a very stressful situation. You have been drawn into a complex and demanding world- that of the Quebec legal system. You are probably wondering what to do next and how to get out of this complicated situation as quickly as possible and at the best cost.
The solution is simple – hire a competent lawyer in Drummondville to handle your dispute! These professionals are highly-qualified to settle cases in all areas of law and have criminal charges against you dropped. To give you a better idea, here are examples of services offered by experienced lawyers in Drummondville.
The area of family law is a very busy one in Quebec. Indeed, many lawyers dedicate their practice to it exclusively. It is also an area that is sure to arouse strong emotions due to the involvement of children and problematic couple situations. Here are some common examples of how a family lawyer intervenes.
Child Custody: Whether due to divorce or common-law separation, child custody remedies require the assistance of a lawyer when the situation becomes difficult. Each of the parents will be represented by a lawyer and, when the situation escalates and the parties are in complete disagreement, the child will also be represented. The judge responsible for hearing the case will hear the arguments of both parties and the more mature the child, the more the judge will pay attention to his wishes. Family lawyers know how to approach these cases to advance your interests.
Spousal Support (Alimony): Spousal support, also called alimony, is a public policy provided for by law and which the judge sets at a certain amount when granting custody and determining its terms. It is not optional and you are entitled to obtain it when you have sole or majority custody of the children. A judge will rule on the application which can be prepared by your lawyer.
Adoption: The adoption process requires the intervention of several players from the legal and administrative sectors. On the legal side, the lawyer is there to present the requests to the court, set up the case, and put the final touches to formalize the new bond of parentage. However, administrative agencies overseeing adoption processes are also involved. It will, therefore, be necessary for the lawyer, the client, and these agencies to collaborate in the realization of the project. One thing is certain- you need legal help to carry out this project.
Marriage / divorce: Lawyers are competent to give advice on the various matrimonial regimes and on the implications of the family patrimony which are not changeable. By consulting a lawyer, he will present the legal effects of marriage to all parties involved so that they can enter into a union with full knowledge of the facts.
Regarding divorce, lawyers are competent to take charge of the application, analyze whether the grounds for divorce are met, and present the application to the court. Once the request is accepted, the lawyers of each of the now ex-spouses will proceed with the liquidation of the family patrimony in order to redistribute the assets of each in the manner provided for by law.
Filiation (Paternity): You have a deadline to follow if you want to dispute paternity or to assert your own! It is, therefore, essential to act quickly and to contact a lawyer as soon as possible. It is just as important to seek legal representation when someone claims paternity of your child and you want to contest it.
Loss of parental authority: When a parent behaves in a manner demonstrating gross negligence towards their child, their parental authority may be forfeited. This implies that the rights of custody, supervision, and nurturing are revoked. Anyone interested in the welfare of the child can bring such an appeal in court, even the other parent! This forfeiture is not always permanent and it can be restored when a significant change in circumstances occurs in the life of the parent concerned.
Whatever your family law dispute, Drummondville lawyers practicing in this area of law will be happy to assert your rights and those of your children!
Contract law is another area of law that is commonplace in Quebec civil courts. Since people are free to contract with each other on any terms they wish and within the limits of the law and public order, the types of agreements are virtually limitless. However, before contesting the validity of a contract, knowing the basics of what constitutes a legally binding agreement in Quebec civil law is a good idea.
Offer: The first step in forming a contract is the offer from a qualified “offeror”. For a proposal to be an offer in the legal sense, it must not only demonstrate a willingness to enter into an agreement but contain all the essential elements of the proposed contract. It should also be definite and precise. The willingness of the bidder to conclude a contract must be unequivocal.
Acceptance: The response to the offer, to qualify as acceptance in a legal sense, must clearly respond to the terms of the offer without modifying them in any way. If the acceptance changes the terms of the offer, it will constitute a counter-offer which will have the effect of reversing the roles of offeror (person making an offer) and offeree (person accepting an offer). Also, if the person responds to the offer vaguely or with little conviction, the response will not be firm enough to constitute a genuine acceptance.
Lawful cause: Any contract must have a reason for being in Quebec civil law. Therefore, for a contract to be valid, the reasons that prompted each party to contract must be legal. For example, entering into a contract to pay off drug debts would be an illegal cause which could justify the cancellation of the contract in question.
Lawful object: The object is the service at the heart of the contract. For example, in a transaction involving the sale of an automobile, this is the object of the contract. Although such an object is lawful just like the resulting agreement, a contract for the sale of drugs would be invalid because of the unlawful nature of the object of the contract, namely drugs.
Contractual capacity: A person may be unable to contract because of their age or mental condition. This is also a ground for contract cancellation that can be raised when a contract is concluded with a minor or an elderly person who experiences a decline in their cognitive faculties.
Note that these contractual requirements are cumulative. This means that as long as one of the criteria does not appear in your contractual situation, you are not in the presence of a valid contract which may justify its cancellation.
Cancellation is the most abused term, to say the least, in the legal community, both among the major players as well as the uninitiated. There are many ways to terminate a contract and cancellation is just one of them. Here are the alternatives that may apply best to your own situation.
Cancellation: It will be relevant to speak of cancellation if the contract was formed with a defect. In fact, canceling a contract amounts to saying that it was never valid and that we must act as if it never existed. It is for this reason that a refund of benefits will have to be made.
Reasons for cancellation
A simple error: When one of the contracting parties is mistaken about the nature of the contract, the subject of it or one of the essential elements which led him to contract, it will be possible to cancel the contract. However, the error will have to be excusable, that is, it must not be the result of gross negligence!
Resolution: The resolution of a contract, unlike cancellation, is not retroactive. It simply terminates the contract for future benefits without claiming that the contract never existed. The resolution only applies to instant execution contracts, that is to say, those whose performance is performed at one and the same time. For example, the delivery of any cargo constitutes an instant execution contract warranting termination.
Termination: The termination of a contract, like resolution, only has a future effect. The difference between these two terms is in the type of contract covered. Termination, in particular, only applies to successively executed contracts, that is, those which are executed in several installments. The prime example is a monthly subscription to a phone, gym, etc. Terminating such an agreement will terminate the future obligations of the parties, but will not cancel any benefits already exchanged as of the date of termination.
Canceling a contract can easily be done out of court! However, to protect the interests of all parties involved and to ensure proper return of benefits, the supervision of a lawyer is recommended!
Aside from recourse for breach of contract, the law also provides a way for an injured party to obtain compensation when a third party causes them harm outside of a contractual obligation. This is known as the civil liability remedy, commonly referred to as the “damages remedy”, although the latter term is broader than the former.
What is the difference from a breach of contract remedy? First, no contract exists between the injured party and the alleged perpetrator. It could be two strangers or acquaintances who had no deal. How is it possible to commit a fault if no contract has been entered into between the parties?
In Quebec, the law provides that everyone has an obligation not to cause prejudice to others by respecting the rules of conduct that apply to them depending on the circumstances. It is only when there is proof of a violation of this standard of conduct that a successful civil liability action can be brought. However, three cumulative elements will have to be proven and the accused person is not without defense!
The conditions for going after a person’s civil liability are divided into three elements. The first step is to establish the presence of fault on the part of the accused person. The civil law considers fault to be behavior deviating from what a reasonable person would do in similar circumstances. Many people refer to this standard of conduct as that of a “good father” placed in the same situation. When the behavior fails to meet this standard, there will be a fault.
The second element is that of prejudice. The person bringing a civil liability action must have suffered what is qualified as certain. This can be material, moral, or even physical. Regardless of the type of damage suffered, a successful remedy will always lead to an award of damages. In addition, the damage may be future, as long as it is probable to manifest itself, which is especially likely to happen in the event of bodily injury, the consequences of which sometimes appear several years after the accident.
The third and final condition is that of the causal link between the fault and the damage. If the fault is not the reason for the damage suffered, there will be no reason to hold the offender liable. However, when the plaintiff succeeds in proving on the balance of probabilities that it was the fault that caused the damage, all three conditions will be met and the liability incurred.
Are there ways to avoid a fault? Absolutely! The fact of incurring liability does not automatically make the award of damages, far from it! Legally acceptable justifications can be invoked to avoid being ordered to pay damages.
The first defense of exemption is that of force majeure. A person can effectively be released from his responsibility when his fault is caused by a case of force majeure, that is to say, an unforeseeable, unavoidable, and external event. An earthquake or other extreme weather event would be good examples of force majeure situations.
Another defense that can be invoked is that of the victim’s fault. This is the scenario in which a fault has indeed been committed, but where the victim, through his own negligence, contributed to the occurrence of the damage. Unless there is a very serious fault on the part of the victim, the remedy will not be admissible, but the quantum of damages can be reduced.
Then comes the theory of risk acceptance. Certain activities are, by their nature, at risk of causing an accident. We can think of parachuting, alpine skiing, car racing on closed circuits, etc. When a person participates in such an activity, he tacitly accepts that it involves certain intrinsic risks that can cause him harm. Thus, when an action is brought for a prejudice suffered in such circumstances, the theory of the acceptance of the risks makes it possible to mitigate or reject the responsibility of the culprit.
As you can see, getting compensation for damage suffered is not easy! You will need to provide solid evidence to support it, but fear not, because Drummondville lawyers will take care of your case. See in the section below what types of damages you can get!
Whether following a civil liability claim or a claim for breach of a contractual obligation, you will be able to claim three different types of damages. Each category is designed to perform a different function and you have to choose from the start which one to ask for! Here is how the different categories of damages work!
Compensatory damage: This first type of damage aims at a very specific function, namely that of returning the victim to his original state in order to act as if the fault had never been committed. This takes the form of an amount of money paid to the victim to compensate for either their financial losses or their moral damages.
Damages: The award of damages will only be appropriate when a co-contractor has performed his obligation late. Take the case of the delivery person who arrives a week late at the destination with his package. In such a situation, the person awaiting the shipment suffers prejudice due to its delay, and compensation in the form of default damages seeks to repair it.
Punitive damages: The final category of damage is what is referred to as “punitive”. While the first two categories aim to compensate and restore the injured party to his original state, punitive damages have nothing to do with the damage suffered by the victim but rather with the nature of the fault committed. Moreover, punitive damages can only be claimed when the law expressly specifies it.
But what situations give rise to such damage? The act, or the fault, must denote intentional behavior on the part of the perpetrator. This is the case of a highly reprehensible act that deserves to be punished in order to prevent recidivism.
The amounts awarded as punitive damages are generally the highest and the judge, in his assessment, takes into account the seriousness of the fault committed, the financial means of the offender, the reparation already carried out with regard to the victim, and the fact that payment for damages will be assumed by a third party, such as a liability insurer.
Who determines the amount of damages to be paid to the victim? Although it is the plaintiff who sets the amount requested in their originating motion, it is the presiding judge who will have the final say on the amount to be paid in damages. The latter may require a lower payment than what is requested if he considers it appropriate.
The right to property is said to be absolute, complete, and unequivocal. In particular, this means that you fully exploit your property without any constraints from anyone, within the limits of the rights of others. The law has repeatedly recognized the sanctity of the right to property. However, it is important to remain vigilant to make sure that no one is taking over what is yours by using the law!
Watch out for a neighbor’s encroachment! When you see that a neighbor is building near your land, check the exact boundaries of your land. If it were to be partially built in your home inadvertently, you may be entitled to receive compensation from the neighbor or even have the right to sell the plot to him. When the encroachment is significant, you can even force him to acquire your land! A real estate lawyer will be happy to explain the mechanisms of encroachment to you in detail. But to prevent your right from being prescribed, stay tuned!
Maintain good relations with your neighbors and avoid neighborhood disturbances. Neighbors are said to be required to tolerate normal inconveniences that do not exceed reasonable neighborhood limits. This, therefore, implies that if your neighbors abuse your right to fully enjoy your property, you potentially have recourse against them. Be careful as the criteria required by the court are demanding so make sure you have a solid case!
General lawyers are competent professionals capable of administering legal disputes of all kinds. However, when a situation escalates or begins to escalate, the intervention of a specialist is recommended. Here are the various specialties of lawyers working in Drummondville.
Law of obligations: In Quebec civil law, the law of obligations includes contracts, civil liability and the termination of obligations. Whether you are caught with a co-contractor refusing to perform or you want to break out of a deal, the help of a specialist lawyer will be invaluable!
Insurance Law: This is a very specialized area of law. Indeed, the field of insurance implies that lawyers are hired to interpret agreements, analyze policies, and claim compensation not paid by insurers to their policyholders. Obviously, in such litigation, lawyers work on behalf of both insurers and policyholders.
Criminal and penal law: Impaired driving, assault, defamation, etc. These are all criminal offenses for which a criminal and penal lawyer can represent you. The sooner you get a lawyer to intervene in your case, the better your chances of coming out of this situation unscathed.
Civil liability law: As a citizen of a modern society, you have responsibilities and obligations towards your fellow citizens, whether or not you are engaged in a contract with them. Whether you are on the side of the plaintiff or the defendant, the moment a lawsuit alleging fault is filed, it is essential to hire a civil liability lawyer.
Business Law: Companies have specific needs at all levels, from finance to legal representation and the choice of legal structure. Business lawyers understand the special needs of these legal entities and that is why they do work that generalists are not so well placed to do.
For several years, the government has been setting up legal aid services aimed at helping the less fortunate to benefit from adequate and comprehensive legal representation. The criteria vary depending on factors such as:
In addition, legal aid has two components, the free one and the one which allows the granting of some financial assistance but which still requires certain costs to be paid! Also, not all lawyers work in the legal aid program. By comparing professionals with Compare Lawyers, you are putting the odds in your favor!
When hiring any professional, you should always try to learn about their practice. As you will be paying for professional services, you need to know exactly what you are paying for. Below you will find relevant questions you should always ask before signing with a lawyer!
What law firm does he work for?
Law firms vary in size, specialization, and reputation. Asking your lawyer for information about his workplace will help you learn more about how he works and the types of cases he is used to handling. Not to mention the fact that large firms generally charge higher fees!
In what year was he sworn in to the Bar?
There is nothing wrong with hiring a novice! However, you need this in order to know if your lawyer has experience in the area and in the type of case you are presenting to him. It is no secret that experience is an asset and that it can make a difference.
What are his areas of practice?
Hiring a lawyer specializing in contract law to defend you against criminal charges is certainly not the best strategy. It is better to trust lawyers who are serious about the specific area for which you are seeking legal help.
How much are his legal fees?
A lawyer’s bill can be high if you give such an expert an important mandate. It may even be that your case is no longer worth it when you analyze the damages awarded against the legal costs. For this reason, ask your lawyer for an estimate of his legal services.
What strategy will he adopt to settle your case?
Does he want to fight in court against all odds or is he more inclined to negotiate? Since you are the client, you have the right to be informed of the strategy adopted by your lawyer speaking on your behalf. Moreover, as a client, you have a say in the strategy adopted. This means that if you don’t want to go to court, your lawyer can’t force you to go. This is the importance of being on the same page as the lawyer you hire.
A legal problem can be resolved with the help of a Drummondville lawyer! Experts in this region know how to put an end to all types of contentious situations. All you need to do is contact them before it is too late!
To find a competent lawyer, use the services of Compare Lawyers! We will submit your request to 3 lawyers in the Drummondville area so that you benefit from the best legal services possible!
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Simply fill out this form and a reputable lawyer in your area will contact you as soon as possible.
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