Consensual contracts as a concept

Question 1

Obligatory format of consensual contracts

Answer 1

• All Bonae fidei
• Implicit terms of agreements, with judge holding account to standard of good faith
• Could declare contract void if one party acquiesced to another’s self deception

Question 2

Error in negotio

Answer 2

Incoherence between two parties as to what contract they are entering into

Question 3

Error in pretio

Answer 3

Intend different prices; can enforce at other’s valuation

Question 4

Error in quantitae

Answer 4

Intend different quantities; can enforce at other’s valuation

Question 5

Error in persona

Answer 5

One party mistaken to identity of the other

Question 6

Error in corpore

Answer 6

A party is mistaken as to identity of the thing

Question 7

Error in substantia

Answer 7

Parties agreed to physical identity of thing sold but mistaken as to essential charcateristic

Question 8

Jolowicz & Nicholas insights to commercial contracts

Answer 8

• Sale & hire commercial

- Partnership & mandate originate in the family

Question 9

Lawson’s contribution to commercial contracts

Answer 9

• Contract binding from point of agreement

- Covered almost all normal operations of business