The Objective Restrictions to Reveal Essential Mistake in Contract and the Extent of Its Communication to the Knowledge of the Other Party in Jordanian Law

Abstract

The contracting party is not entitled to claim essential mistake and consequently entitled to rescind the contract, easily, unless that mistake is governed by certain guides and criterion. So that, the mistaken contracting party must prove that the mistake is communicated to the other party, and he had knowledge of the mistake or, it is easy for him to have knowledge of the essential mistake, in order not to expose the transactions to non-stability as a result of rescission easily. To achieve this result many restrictions and certain objective rules have been adopted by the Jordanian civil code, in Article (151) of the code. These restrictions had been dealt with clearly by all schools of Islamic Jurisprudence.