Why the Contract Fell — and What Comes Back
A contract may fall away by annulment or rescission. Change only the fixed fictional case: see a completed remedy, a power that has not been exercised, or a question the court still has to decide.
Five fictional routes and one open court question
Facts of the case
- this party fell into an essential mistake (arts. 162-164; materiality per art. 163's own definition)
- the other party fell into the same mistake, or knew of it, or could easily have detected it (art. 162(1))
- the other party to this contract, as against the party invoking the vice of consent (arts. 162, 168-176)
- this is a donation contract (arts. 162(2), 174(2)'s donor)
- the aggrieved party requested annulment of the contract for the other party's breach of the disclosure obligation (art. 122(4))
- contract-dissolved: Established
- contract-voidable: Not established
- positions
- restore