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The fundamental error differs from the ordinary and irrelevant error in the motive in that it does not depend solely on the subjective idea of the erring party, but also on an objective moment, namely on whether this idea related to a fact which, from an objective point of view, from the point of view of loyal business dealings, can be described as a sine qua non for the conclusion of such a contract.

Term-Nr.: 407

German: Grundlagenirrtum (398)

Source: LK-Lötscher, 11.05.2020

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