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ARTICLE · 05 AUGUST 2019

Electronic Credit Contracts And Signatures Under Quebec Consumer Law

Gowling WLG
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Can a consumer enter into a valid credit contract online under Quebec consumer law? Spoiler: The answer is yes.

CanadaConsumer Protection

Can a consumer enter into a valid credit contract online under Quebec consumer law? Spoiler: The answer is yes.

A contract in Quebec is, at its core, an offer by one and acceptation by another consenting party,1 unless otherwise provided by law.2 Consent is thus the cornerstone of Quebec contractual law and parties can agree verbally or in writing. At times, the law prescribes formalities such as signature or print requirements for certain types of contracts. In a bid to remain relevant in the technology age, the Quebec legislative framework for information technology3 broadened the scope of what constitutes a signature and a document.

THE SIGNATURE

Signing a document serves two functions: 1) identifying the signatory party and 2) making their consent explicit.4 For electronic documents, 3) it also links a person's identity to a given document.5

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