Law 5110 Study Guide - Quiz Guide: Hugo Grotius, Stipulatio, Gounder
Document Summary
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. Not every error excludes consent (sometimes not even an error relating to essential characteristics) Operative error compromise between interests of both parties. Possibility of dissensus was smaller in roman law times than today, because contracts were concluded in presence of both parties 33: it"s a new idea that unilateral mistake can invalidate the contract. Ius ignorantia nocet, facti ignorantia non nocet: error iuris nocet: the position in roman law, error iuris inexcusable mistake.
