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A-23.001 - Act respecting arrangements for funeral services and sepultures

Section 55
Disposition versions

Full text
55. If any rule contemplated in sections 4 and 18.2 governing the making of contracts is not observed or if a contract does not meet the requirements as to tenor or form prescribed by this Act or the regulations, the buyer may apply for the nullity of the contract.
Despite the first paragraph, the buyer may not apply for the nullity of a contract contemplated in Chapter II.1 if the seller has already begun to provide the services stipulated in the contract.
The buyer may also, without prejudice to his claim for damages, apply for the nullity of the contract where the seller has failed to comply with the obligation prescribed by section 6.
The court shall grant the application for nullity presented under this section unless the seller proves that the buyer suffered no prejudice from the fact that the obligation or one of the above mentioned rules or requirements was not complied with.
1987, c. 65, s. 55; I.N. 2016-01-01 (NCCP); 2018, c. 14, s. 5.
55. If any rule set out in section 4 governing the making of contracts is not observed or if a contract does not meet the requirements as to tenor or form prescribed by this Act or the regulations, the buyer may apply for the nullity of the contract.
The buyer may also, without prejudice to his claim for damages, apply for the nullity of the contract where the seller has failed to comply with the obligation prescribed by section 6.
The court shall grant the application for nullity presented under this section unless the seller proves that the buyer suffered no prejudice from the fact that the obligation or one of the above mentioned rules or requirements was not complied with.
1987, c. 65, s. 55; I.N. 2016-01-01 (NCCP).
55. If any rule set out in section 4 governing the making of contracts is not observed or if a contract does not meet the requirements as to tenor or form prescribed by this Act or the regulations, the buyer may apply for the nullity of the contract.
The buyer may also, without prejudice to his claim for damages, apply for the nullity of the contract where the seller has failed to comply with the obligation prescribed by section 6.
The court shall grant the motion for nullity presented under this section unless the seller proves that the buyer suffered no prejudice from the fact that the obligation or one of the above mentioned rules or requirements was not complied with.
1987, c. 65, s. 55.
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