THE DOCTRINE OF CAUSE OR CONSIDERATION IN THE CIVIL LAW

Authors

  • HAROLD NEWMAN

Keywords:

Civil Law, Comparative Law, Contract Law

Abstract

The terms “cause” and “consideration” remain undefined in Quebec’s Civil Code regarding the law of contracts. The purpose of this article is to seek such definition, taking “cause” to be connected with civil law doctrine, and “consideration” with the common law. The author begins with the doctrine of Domat and Pothier, setting forth their rules to show that Quebec lawmakers have adopted them, and examines the extent to which these rules have been applied by the courts. Civil and Common law principles in similar cases are compared, and the article concludes with analysis of various conceptions of “cause” to be found in the writings of jurists.

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Published

1952-08-01

Issue

Section

Legal Commentary