Legislation has been ratified and enacts as law.
Hey there,
So you've found yourself in a pickle, huh? You've made a boo-boo on a business offer, and now you're wondering if you're obligated to honor the contract. Well, let's break it down, shall we?
In a nutshell, if you make an offer (like selling promotional items at a certain price), you're usually bound by its content. But the law doesn't leave you high and dry if you mess up. There's a thing called an explanation error, where you meant one thing but wrote (or explained) something different. If your contract partner relies on the objective meaning of what you wrote and doesn't catch your mistake, you might be initially bound by a contract you didn't intend to sign.
In your case, it seems like you accidentally wrote 10 euros per package instead of per piece. If you and your customer have chatted about the price several times, and there were no other actions taken suggesting a change of mind, your writing error might have been noticeable. This could give you the chance to challenge the contract due to an explanation error.
But remember, it all depends on the specifics of the situation. You're the one who needs to prove that the error should've been obvious or that your customer negligently failed to notice it.
Speaking of negligence, ever courted trouble by mistakenly parking on a private lot? Well, even then, there might be a chance to wiggle out of it. If you can show that both you and the lot's owner intended to form a contract and they knew you were always assuming the agreed-upon price, the contract might not need to be challenged.
As for the legal jargon, a contract comes about through the acceptance of an offer, and an error in explanation can lead to a contract formed on the objective meaning, rather than the explainer's intent.
Mag. Patricia Backhausen, MSc is a lawyer at DORDA, so if you find yourself in more messy situations, she might be able to lend a helping hand.
Now, let's talk about the business world for a moment. If a pricing mistake results in a contract and the error is discovered afterward, the seller isn't typically obligated to honor the mistaken price. This is especially true when it comes to retail or online sales. However, if the contract is formed with acceptance of the offer at the mistaken price, the seller might be legally bound—unless other legal grounds to void the contract apply.
It's crucial that offers in a business context are clear and accurate, avoiding any mistakes in quotes or pricing. Formal quotes should be specific and include terms like validity dates to prevent misunderstandings.
So, there you have it. A bit of legal know-how for when life hands you lemons (or when you accidentally park on the wrong lot).
Stay sharp!
article by Patricia Backhausen
What if the pricing mistake in a business contract is related to financing, such as per package instead of per piece? If you and your business partner have discussed the correct price several times, and there were no other actions taken suggesting a change of mind, the mistake might have been noticeable, giving you the chance to challenge the contract based on an 'explanation error'. In such a case, it's important to show that the error should've been obvious or that your business partner negligently failed to notice it.
