PSY 005 Lecture Notes - Lecture 47: Meeting Of The Minds, Objective Test, Napoleonic Code

• School: College of The Sequoias
• Department: Psychology (PSY)
• Course: PSY 005
• Professor: Jibai

Document Summary

Error in contractual theory: cotton ex peerless. The parties were mistaken about in which ship the cotton arrives. The court took subjective approach to the formation of contract (consensus ad idem). Error must relate to the essential characteristic: the will theory is tempered by the doctrine of assent by estoppel, declaration theory: law shouldn"t go insude people"s heads (mitigated by iustus error) Basic types of error in roman law: verba and voluntas, roman law does not have a neat and logical theoretical framework for the problem of error. Will was presumed to be in line with the declaration. Consensus is needed for a valid contract. There"s no consensus if the parties don"t agree on the sale, price, object etc: determination of the object of performance, a contract of sale requires the determination on the essential matters (object and price) If the parties are mistaken about the object, there is no consensus -> no contract: ulp.