Five Major Manifestations Of Major Misunderstanding In Contracts

< p > (1) misunderstanding of the contract < a href= "http://www.91se91.com/news/index_c.asp" > /a >.

In the event of misunderstanding of the nature of the contract, the rights and obligations of the parties will undergo significant changes.

For example, if the paction is wrongly regarded as a gift or a gift as a paction, the compensation trade or incoming assembly is mistaken for the sale of foreign goods, and the loan contract is mistaken for the loan contract. The parties will assume totally different rights and obligations, and this misunderstanding also completely violates the purpose pursued by the parties in the contract. Therefore, it should be a major misunderstanding.

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< p > (2) misunderstand the other party.

The freedom of choice for the other party is the main manifestation of "a href=" http://www.91se91.com/news/index_c.asp "> Contract < /a > freedom.

In many cases, mistakes in the choice of the other party will not have a significant impact on the rights and obligations of the contract. As long as the other party agrees to conclude a contract and voluntarily undertakes the rights and obligations of the contract, it should comply with it. However, in exceptional circumstances, the mistake of the other party can also constitute a major misunderstanding.

In some contracts based on the trust relationship between the parties and the specific identity of the relative party, the status of the parties is of great significance to the conclusion and performance of the contract.

For example, in contracts such as contract, commission, performance, manuscripts, etc., all of them attach great importance to the skills, credit, qualifications and identity of the opposite party.

In the process of processing contract, because the processing contract often requires a specific person to engage in the processing and contract work with his skill and ability, if a company contracts the contract with a company, it may request the people's court to cancel it.

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< p > (3) misunderstanding of the target < a href= "http://www.91se91.com/news/index_c.asp" > material quality < /a >.

If the quality of the subject matter is directly related to the contractual purpose or significant interest of the parties, misunderstanding of quality can constitute a major misunderstanding.

For example, the sale or purchase of a copy by mistake is regarded as a genuine sale, and the sale of diamonds as a common stone can be regarded as a major misunderstanding.

However, there is no misunderstanding about the quality itself, but it has misunderstood the non major functions or effects of the subject matter, and should not be treated as a major misunderstanding.

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< p > (4) misunderstanding of the varieties and specifications of the subject matter, especially the misunderstandings of different varieties and specifications of similar articles.

If Moutai wine is mistaken for Erguotou, this is actually a misunderstanding of the object of the rights and obligations of the parties, that is, the misunderstanding of the target itself, which should be a major misunderstanding.

In practice, misunderstandings of the specifications, such as the mistake of using a thousand ton hydraulic press as a 10000 ton hydraulic press, should also be misunderstood.

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< p > (5) misunderstanding of price or remuneration.

For example, the value of only 100 yuan is regarded as a commodity of 1000 yuan.

In practice, the parties have not misunderstood the price of the contract at the time of the contract; however, when the contract is executed, the party pays more money and remuneration to the other party for negligence. Because this situation is not a misunderstanding of the contract itself, it should not cancel the contract according to a major misunderstanding, but it should be treated according to the unjust enrichment of the payment.

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< p > except for misunderstandings of the above circumstances, misunderstanding of the contents, packaging, way of performance, place of performance and time limit for performance of the subject matter should not be a major misunderstanding if it does not affect the rights and obligations of the parties or affect the realization of the purpose of the contract.

In practice, specific misunderstandings should be identified in terms of the different situations that the parties have misunderstood, and the factors such as the status of the parties, the nature of the activity, and the customs of the paction should be taken into consideration.

For example, misunderstanding of the place of execution can not be called a major misunderstanding in most cases. However, due to the misunderstanding of the place of performance, the cost of the party's payment is too large. At this time, the misunderstanding of the place of performance should be regarded as a major misunderstanding.

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