In addition, unilateral errors often also concern prices, quantities, dates and errors concerning the description of the goods or services contained in the contract. A unilateral error does not apply in cases where the error relates to the quality of the subject matter of the contract (see above). To judge whether there was a mutual error, the court asks what one party thought, what it meant, contrary to what the other party thought it meant. “For the existence of a contract, it is essential that there are contracting parties, their consent, a legitimate object and consideration (Code Civ, § 1550). The consent of the contracting parties must be communicated freely, reciprocally and reciprocally (§ 1565). Consent is not free if it is obtained by fraud or error (art. 1567) and is considered acquired if it had not been given without such fraud or error (§ 1568). An error can be real or legal (§ 1576). An error of fact “.
. . an error that is not due to the neglect of a legal duty of the person making the error: “1. Unconscious ignorance or omission of a fact in the past or present, essential to the treaty; or 2. Believe in the present existence of something essential to the Treaty, which does not exist, or in the past existence of such a thing which did not exist. (§ 1577.) (6) An error is not necessarily reciprocal. Unilateral error is a reason for relief if the error is due to the fault of the other party or if the other party is aware of the error or has reason to be aware of the error. (Id. 1007-1008.) “An applicant must prove that, by reason of a unilateral error, the right to cheap legal protection is as follows: (1) The error is of such importance that the application of the treaty would be unscrupulous as committed; (2) the error relates to an essential feature of the Treaty; 3. the error must have been made independently of usual diligence; and (4) the parties may be placed on the standstill for the sake of fairness; That is, the resignation must not be to the detriment of the other party, with the exception of the loss of his good business. (Id. at 737.) There is a mutual error when the parties to a contract are wrong in their contract on the same essential fact.
Material is a fact that is essential to the objective of the Treaty. Secondary mistakes do not have the right to resign. A collateral error is a mistake that “does not go to the heart” of the treaty. Please note that discernible unilateral errors only make a contract questionable if it is a mechanical error (e.g. B errors in calculation or perception). . . .