The Mistake Doctrine in German and English Contract Law

A mistake made in the process of conclusion of a contract enables the mistaken party to free himself from a declaration of intent or promise unless certain conditions have been fulfilled. It would be reasonable to conclude that it is these certain conditions that are essential for discussing mistake doctrine and not what was or is considered a mistake in a legal sense. However, no doctrine can be fully understood without the historical chronology of its development and the ideas manifested behind its canons. It is suggested to start this chapter with a historical introduction to the contractual mistake doctrine taking its roots from ancient Roman law and reaching its peak in eighteenth–nineteenth centuries when the legal treatise writers, jurists, courts, and legislators were confronting serious challenges, especially in instances vitiating consent in contract law.