WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 03 Consensus, Error in substantia where Marcellus disagreed: valid contract, but unenforceable, Contract would be void and including Error in negotio, Error in substantia where Attribute that is reason why you buy something, Error in substantia where So NB so that, but for attribute, wouldn't have concluded sale, EMPTIO VENDITIO: CONSENSUS where Must be consensus on type of contract being concluded (intention to buy and sell), the merx and the price, Must be consensus on type of contract being concluded (intention to buy and sell), the merx and the price and Since consensus is a requirement, dissensus meant that no valid contract came into existence, Error in substantia where Buyer or seller can be mistaken, but most jurists argue only in favour of buyer bc seller in position to know, Dissensus could result from fraud (dolus), duress (vis or metus) or mistake (error) but Subjective intention of parties is NB and doesn't matter whether mistake was reasonable or not: material or not material?, Error in substantia where Most examples discussed what merx is made out of, EMPTIO VENDITIO: CONSENSUS with material errors including Error in persona, If material, invalidity and, if not, consequences, but not invalidity where Void if it is an error about essential elements (essentialia) of the contract, EMPTIO VENDITIO: CONSENSUS with material errors including Error in pretio, Error in corpore which is an Horse Equus and Rex: A thinks he's selling E and B thinks he's buying R, Error in pretio where Error regarding price, Error in substantia where Seller could easily ascertain true state of affairs as falls w/i his sphere of knowledge, In case of abstract transfer, use condictio ob rem dati and In case of causal transfer, rei vindicatio available, EMPTIO VENDITIO: CONSENSUS with material errors including Error in substantia, Error in substantia where Von Savigny: not substance, but trade or commercial class, Error in substantia where Apparently only to the benefit of purchaser, Since consensus is a requirement, dissensus meant that no valid contract came into existence and Dissensus could result from fraud (dolus), duress (vis or metus) or mistake (error)