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FORMATION OF CONTRACT: THE INTEGRITY OF CONSENT

I ° RESOLUTION OF PRACTICAL



this case study relates to contract law and specifically the formation of the contract.


Summary of Facts: Maite
bought a painting believed to be the work of painter ducklings
Realizing that the painting was not that she had seen with her grandmother, she hoped that the antiquary reprenne.Par Furthermore it turned out later that he was not a picture of the famous artist. Problem

actually:
What means she has to destroy this sale? Maite
who thought he had bought a painting by ducklings when he is not one has clearly seen her consent vitiated.

The 3 cases of defects of consent under the civil code are violence, fraud and error. Nothing
leaving us assumed that there was a mistake that we will discard it hypothèse.Quand to fraud involves the use of maneuvers designed to encourage the contractor to contract and without which it would not have done it can also be in silence. This is known as fraudulent concealment. The seller would he have failed to clarify the existing doubts when the true identity of the author of the work? Nothing we are clear on this side we will discard this hypothèse.L error therefore seems the most appropriate route.

Legal Issue: Maite
she could invoke the nullity of the sale for erreuret specifically on the qualities of something substancial (here's authenticity)?

Terms and conditions: To be
Maite must prove that the award of the painter table ducklings to determine its consent so that it would not have entered had it known that this quality existed at the time of contract formation.
But it will still only on proof that the contractor knew that quality was crucial and that it was originally defined as such by the parties.

Confrontation rule to the facts:
In this case we noted that Maite bought this table in the name of his childhood memories. This criterion seems to have been the decisive factor as it is in realizing that Table was not that she had seen at her grandmother that she has decided to reconsider the sale.
Moreover even if the table was purchased from its author the term "assigned" is not any certainty and thus leaves room for doubt or error hazard hunt!