An error occurring in the expression or transmission of a declaration is considered to be a mistake of the person from whom the declaration emanated. 

 

COMMENT

This Article equates an error in the expression or transmission of a declaration with an ordinary mistake of the person making the declaration or sending it and thus the rules of Article 3.1.4, Article 3.2.2 and Articles 3.2.9 to 3.2.16 apply also to these kinds of error.

 

1. Relevant mistake

 

If an error in expression or transmission is of sufficient magnitude (especially if it has resulted in the misstatement of figures), the receiver will be, or ought to be, aware of the error. Since nothing in the Principles prevents the receiver/offeree from accepting the erroneously expressed or transmitted offer, it is for the sender/offeror to invoke the error and to avoid the contract provided that the conditions of Article 3.2.2 are met, in particular that it was contrary to reasonable commercial standards of fair dealing for the receiver/offeree not to inform the sender/offeror of the error.

In some cases the risk of the error may have been assumed by, or may have to be imposed upon, the sender if it uses a method of transmission which it knows or ought to know to be unsafe either in general or in the special circumstances of the case.

 

2. Mistakes on the part of the receiver

 

Transmission ends as soon as the message reaches the receiver (see Article 1.10).

If the message is correctly transmitted, but the receiver misunderstands its content, the case falls outside the scope of this Article.

If the message is correctly transmitted to the receiver’s machine which, however, due to a technical fault, prints out a mutilated text, the case is again outside the scope of this Article. The same is true if, at the receiver’s request, a message is given orally to the receiver’s messenger who misunderstands it or transmits it wrongly.

In the two above-mentioned situations the receiver may however be entitled to invoke its own mistake in accordance with Article 3.2.2, if it replies to the sender and bases its reply upon its own misunderstanding of the sender’s message and if all the conditions of Article 3.2.2 are met.

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