Error in substantia

Abstract

Giorgi, following Viens, defines mistake as 'una difformita fra le idee della nostra monte e l'ardino dell aese.' It is a brief definition but it contains the essential character of mistake. Mistake is one of the vices of consent, which are teh chief means sed by the law to guard the will of the contractions parties. They are of primary importance, especially when one considers that the doctrine of the sovereignty of the will of the contracting parties is, and has been for a long time, universally admitted: ... if it were to be regarded as valid even it has been determined by mistake, fraud or violence.