Invalidity of contracts - Error

  • Error of a contracting party

    • One party (not the other) errs about the content of the contract (business error)

    • One party (not the other) errs when making a declaration of intent (error in declaration)

  • Error was decisive (causal) for the conclusion of the contract

  • Balancing the interests of the mistaken party and the contractual partner

    • Have steps toward fulfillment already been taken?

    • Did the other party (unintentionally) cause the mistake?

    • Should the mistake have been noticed by the other party?