Expertises connexes

A contract of deposit is a contract by which a person hands over movable property to another person, the depositary, who undertakes to keep it for a certain period of time, free of charge or in return of a compensation, and to hand it over to this latter. Thus, the fact of leaving a piece of furniture stored in your neighbor’s garage, with the latter’s consent, is an example of a contract of deposit.

While this may seem like a trivial agreement, it is quite different when the property has been damaged while the storage. Even though the contract of deposit is made free of charge, the depositary must act with diligence. He will not be liable for any damage to the property except if he was careless, reckless or negligent. In contrast, if the depositary keeps your property for a fee, he or she will be liable for damage to the property except if he or she can prove that the damage was caused by the fault of another person or by a superior force, for example, a fire or an ice storm that caused a tree to fall on the property stored outside. However, it is possible to limit the liability of the depositary by inserting a clause to this effect in the contract.

The law firm Bernier Fournier is able to draft contracts for the deposit or storage of goods/property so that their clients have no surprises in the event of damage to said stored goods/property.

In addition, our experienced professionals are able to represent individuals whose property has been damaged in the course of a contract of deposit and who wish to obtain compensation. Finally, our versatile lawyers are also able to represent depositories against whom a claim has been filed, with the central and constant objective of asserting both their rights and their financial interests.