The legal principle of consensus tollit errorem states that if parties have reached a mutual agreement or consensus on a particular matter, any errors or mistakes made during the formation of the agreement will be disregarded. This means that once a valid consensus has been reached, the parties cannot later claim that they made a mistake or misunderstood the terms of the agreement in order to avoid their obligations. The principle aims to promote certainty and finality in contractual relationships by upholding the agreement reached by the parties, even if there were errors or misunderstandings involved.
Consensus Tollit Errorem is a Latin legal principle that translates to “consensus removes error.” It means that once parties have reached a mutual agreement or consensus on a contract, any prior mistakes or errors are considered irrelevant.
Consensus Tollit Errorem is a fundamental principle in contract law. It states that if two parties have reached a mutual agreement on a contract, any mistakes or errors made during the negotiation process are generally not considered grounds for invalidating the contract.
Yes, there are exceptions to the application of Consensus Tollit Errorem. For example, if one party intentionally misled or deceived the other party during the negotiation process, the contract may be voidable on the grounds of fraud or misrepresentation.
In general, a party cannot claim mistake or error after entering into a contract if Consensus Tollit Errorem applies. However, there may be certain circumstances where a mistake or error is significant enough to warrant contract rescission or modification.
If a party realises a mistake or error immediately after signing a contract, they should notify the other party as soon as possible. Depending on the nature and significance of the mistake, the parties may be able to negotiate a modification or rescission of the contract.
Yes, parties can waive or exclude the application of Consensus Tollit Errorem in a contract. This can be done through explicit contractual provisions that state any mistakes or errors will be considered grounds for contract invalidation.
Yes, the Consensus Tollit Errorem can be applied to oral contracts as well. The principle focuses on the mutual agreement or consensus reached between the parties, regardless of whether the contract is in writing or oral.
If both parties were mistaken about a material fact in the contract, Consensus Tollit Errorem may still apply. However, if the mistake was known or should have been known by both parties, it may be more difficult to claim contract invalidation.
Consensus Tollit Errorem is a widely recognised legal principle, but its application may vary in different jurisdictions. It is important to consult with a local attorney to understand how this principle is interpreted and applied in your specific jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 1st May 2024.
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