Related Expertise
- Business start-up
- Change in the legal form of a company
- Consignment Contract
- Contract of deposit
- Contract of sale
- Convertible debenture
- Creation of a subsidiary
- Drafting of articles of constitution
- Employment contract and corporate policies
- Governance and Internal Management
- Implementation of a Tax Memo
- Labour and Employment Law
- Legal Publicity of Enterprises
- Management Company
- Preparation and review of commercial leases
- Shareholders Agreement
- Strategic Partnership
- Taxation and tax litigation
- Term Sheet
- The Letter of Intent of the Offer to Purchase
Liability in Contracts of Deposit: Gratuitous vs. Compensated
On the other hand, if the depositary receives compensation in exchange for safekeeping the property, the level of responsibility increases. In that case, the depositary is presumed to be liable for any damage unless he or she can prove that the loss or damage was caused by an external factor beyond their control, such as the fault of a third party or a force majeure event. Examples include a fire, a flood, or an ice storm that causes a tree to fall on the stored property. These situations must be assessed on a case-by-case basis, and the burden of proof lies with the depositary.
Limiting Liability in Deposit Agreements
However, it is possible to limit or exclude liability in advance by including a limitation of liability clause in the written deposit agreement. Such clauses must be clearly worded and brought to the attention of the depositor, and they must also respect applicable legal limits under Quebec civil law. This is why it is highly recommended to formalize the deposit in writing, especially in a commercial context or where high-value property is involved.
Bernier Fournier: Expertise in Contracts and Litigation
The law firm Bernier Fournier offers the services of skilled legal professionals who can draft tailored contracts for the deposit or storage of goods, ensuring that the rights and obligations of each party are clearly defined. This helps avoid surprises and disputes if the property is damaged or lost during storage.
In addition, our experienced litigators are equipped to represent individuals or businesses whose property has been damaged in the course of a deposit and who wish to pursue compensation for their loss. Our team also represents depositaries who may face claims for damages and require effective defense. In all circumstances, our primary objective remains to protect our clients’ rights, financial interests, and legal security.