Selected Bibliography by Article
Article 3.2.25 Bibliography (1) A party may only avoid the contract for mistake if, when the contract was concluded, the mistake was of such importance that a reasonable person in the same situation as the party in error would only have concluded the contract on materially different terms or would not have concluded it at all if the true state of affairs had been known, and
(a) the other party made the same mistake, or caused the mistake, or knew or ought to have known of the mistake and it was contrary to reasonable commercial standards of fair dealing to leave the mistaken party in error; or
(b) the other party had not at the time of avoidance reasonably acted in reliance on the contract.
(2) However, a party may not avoid the contract if
(a) it was grossly negligent in committing the mistake; or
(b) the mistake relates to a matter in regard to which the risk of mistake was assumed or, having regard to the circumstances, should be borne by the mistaken party.
| Author | Title | Publisher |
|---|---|---|
| HUBER, P. | Comment on Arts. 3.2.1-3.2.4 | in S. VOGENAUER (ed.), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), 2nd ed., Oxford University Press, Oxford, 2015, 475-496 |
| HUBER, P. | Comment to Arts 3.1-3.7; Arts 3.12-3.16; Arts. 3.18; Art 3.20. | in S.VOGENAUER - J.KLEINHEISTERKAMP (eds.), Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), Oxford University Press, New York, 2009, pp.400-433; pp.463-476; pp.483-486; p.490. |
| MUES, M. | Die Irrtumsanfechtung im Handelsverkehr | Berlin, Duncker & Humblot, 2004, 294 (Schriften zum Bürgerlichen Recht, 285) |
| SIEHR K. | Die UNIDROIT Principles of International Commercial Contracts und Irrtum beim Handel mit Kulturgütern | Eppur si muove: The Age of Uniform Law Essays in honour of Michael Joachim Bonell to celebrate his 70th birthday, vol. 2, 1664 ff. |
| SPARK, G. | Mistake as a Vitiating Factor in English Contracr Law - Comparing the UNIDROIT and European Draft Codes | European Business Law Review 2011, pp. 487- 499 |
Total Bibliography in the database 952