Übermittlungsirrtum

Übermittlungsirrtum refers to a legal concept primarily found in German civil law, specifically within contract law. It describes a situation where a party's declaration of intent, intended to be communicated to another party, is transmitted incorrectly. This error occurs during the transmission process, not in the original formulation of the will or statement. The discrepancy can arise from various sources, such as errors by a messenger, postal service, telegraph, or even a faulty telephone connection.

The legal consequence of an Übermittlungsirrtum is that the declaration of intent as received by the other party is considered legally effective, even if it does not correspond to the sender's original intent. This is based on the principle that the recipient should be able to rely on what they have received. However, the sender is not without recourse. Under certain conditions, specifically if the recipient recognized or should have recognized the error at the time of reception, the sender may be able to contest the validity of the received declaration. In such cases, the sender can declare the contract void or seek rectification, effectively allowing them to rely on their original, intended declaration. The burden of proof typically lies with the party alleging the Übermittlungsirrtum.