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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

Notice: The contents of this terminology collection Lawpedia® with a focus on business law (especially financial market law) have been researched with great care and compiled on the basis of an extensive flash card, training materials and literature. The various sources (as far as they could be found) can be found in the abbreviations and source references. References to other sources are welcome. Despite the care taken, the provider cannot accept any liability for the accuracy, completeness and topicality of the information provided. The information is of a general nature in particular and does not constitute legal advice in individual cases.

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