Selected Cases by Article & Issues
(1) If a party is entitled to avoid the contract for mistake but the other party declares itself willing to perform or performs the contract as it was understood by the party entitled to avoidance, the contract is considered to have been concluded as the latter party understood it. The other party must make such a declaration or render such performance promptly after having been informed of the manner in which the party entitled to avoidance had understood the contract and before that party has reasonably acted in reliance on a notice of avoidance.
(2) After such a declaration or performance the right to avoidance is lost and any earlier notice of avoidance is ineffective.
|1||Confirmation of contract avoidable for for mistake|
|1.1||Performance as understood by mistaken party|
|1.2.2||Willingness to render such performance|
|2||Effects of confirmation|
|2.1||Loss of right to avoidance of mistaken party|
|2.2||Ineffectiveness of ealier notice of avoidance|