ECON-1006EG Study Guide - Quiz Guide: Objective Test, Meeting Of The Minds, Ulpian
14 Nov 2020
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The problem of error in substantia: ulp. It doesn"t matter whether the mistake is common or only at the side of one of the parties: common mistake both parties are ad idem, transaction was incomplete -> no action could arise from it. Haakjoringskod case -> consensus about whale meat -> contract. Will-orientation, mistake and the formal transactions: testaments, cognitive weakness of the testator"s declaration, only exception doli can invalidate a testament. Error and the protection of the promise: modern approaches: english law and german law, modern english law protects the promise they look at the expression of the will. Objective test is related to the estoppel by representation a party is bound by his declaration because such declaration is apt to engender reliance in the person of the addressee. Cases where the promise has induced the promisor"s mistake -> contract is void on the option of the promisor.
