Selected Cases by Article & Issues
Article 3.2.25 Cases
(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.
(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.
| Number | Issue | # Cases | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Avoidance of contract for mistake | 3 | |||||||||||||||
| 1.1 | Serious mistake | 2 | |||||||||||||||
| |||||||||||||||||
| 1.1.1 | Criteria for assessment of importance of mistake | 1 | |||||||||||||||
| 1.1.1.1 | Intention of parties | 0 | |||||||||||||||
| 1.1.1.2 | Circumstances of the case | 0 | |||||||||||||||
| 1.1.1.3 | General commercial standards and usages | 1 | |||||||||||||||
| 1.2 | Conditions concerning party other than the mistaken party | 0 | |||||||||||||||
| 1.2.1 | Labouring under the same mistake (see also Art. 3.3) | 0 | |||||||||||||||
| 1.2.2 | Causing error of mistaken party | 0 | |||||||||||||||
| 1.2.2.1 | By making specific representations | 0 | |||||||||||||||
| 1.2.2.2 | By silence | 1 | |||||||||||||||
| 1.2.3 | Leaving mistaken party in error | 0 | |||||||||||||||
| 1.2.3.1 | Duty to inform mistaken party about error | 0 | |||||||||||||||
| 1.2.4 | Not having acted in reliance on contract | 0 | |||||||||||||||
| 2 | Mistaken party prevented from avoiding contract | 0 | |||||||||||||||
| 2.1 | Error due to its own gross negligence | 1 | |||||||||||||||
| 2.2 | Risk of mistake to be borne by it | 0 | |||||||||||||||
Total Cases in the database 1528