The common error in nomine

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The common error in nomine

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In this paper it will be made an effort to compare the German and English position in the situation where two parties to a contract have actually reached consensus but gave their agreement an outwards wrong expression by using a wrong name for the subject-matter of contract. In a first step, the general positions in both jurisdictions will be presented and afterwards, as a practical application of the functionalist approach, it will be sought to determine if the English law would have reached the same outcome if it would have to decide a prominent German court decision by reference to comparable English cases.

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In this paper it will be made an effort to compare the German and English position in the situation where two parties to a contract have actually reached consensus but gave their agreement an outwards wrong expression by using a wrong name for the subject-matter of contract. In a first step, the general positions in both jurisdictions will be presented and afterwards, as a practical application of the functionalist approach, it will be sought to determine if the English law would have reached the same outcome if it would have to decide a prominent German court decision by reference to comparable English cases.

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Afbeelding van A Treatise on Pleading and Practice in Equity in the Courts of the United States; With Chapters on Jurisdiction of the Federal Courts, Practice at Common Law, Removal of Causes from State to Federal Courts, and Writs of Error and Appeals, with Special Ref

This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the ori

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