HIST-1106EL Study Guide - Quiz Guide: Obligatio Consensu, Rescission, Ulpian
8 Nov 2020
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The problem of error in substantia, ulp. Variety of examples: vinegar sold as wine, bronze as gold. Parties: don"t disagree as to the object of their contract of sale. Mistake: relates to the substance of the thing crucial feature of the problem. Not known whether the vendor was labouring under the same mistake / not. Purchaser"s error: not spontaneous - has been induced by the seller. Marcellus: not an operative kind of mistake immaterial. Doesn"t prevent a valid contract of sale from coming into existence. Ulpian: error in substantia - error in corpore no valid contract. Stems from ulpian"s commentary on sabinus: error relating to quality. Purchaser"s mistake: relates to the quality of the object of sale. Classical roman law: well protected purchaser latent defect. Applicability of these remedies: depending on the validity of the sale. Doctrine of error in substantia: freed the purchaser from a contract which for him was fundamentally flawed: drawing the line: vinegar sold as wine.
