Law 2101 Study Guide - Quiz Guide: Uberrima Fides, Fiduciary, Rescission
Document Summary
Mistake misapprehension of the qualities of the goods/service provided. Rules on the avoidance of a contract for mistake can be found in any civil code and soft law instrument on contract law. 1130 (1) cc mistake, fraud and duress vitiate the consent where they are of such a nature that, without them, one of the parties would not have contracted or would have contracted on substantially different terms. ". 119 bgb + 122 bgb and art. The first requirement is that there must be a contract that can be avoided. This is not as self-evident as it seems. There is a lack of consent if parties made a contract, but it is unclear who is the buyer and who is the seller. Misapprehension: there must be a misapprehension of the correct situation by one party or by both parties. A party is mistaken about a fundamental characteristic of the good or about an essential quality of a person.
