The doctrine of error in the law of Louisiana and Quebec

Abstract

The article presents the results of a comparative-legal analysis of the doctrine and practice at the contract conclusion in the mixed legal jurisdictions of the state of Louisiana (USA) and the province of Quebec (Canada). The jurisdictions in question were significantly influenced by the continental civil law tradition as well as the common law tradition. Thus it is of interest to consider how the mixed nature is reflected in the principles of error, and to the formation of which legal structures it has led to. The author offers the results of a comparative legal study of the mixed jurisdictions of Louisiana (USA) and Quebec (Canada), in which the doctrine of error has received a codified regulation. The author analyzes and compares the application of the criteria of significance of an error, in particular, such as the criteria of causality, recognizability of the error by the opposite party, apologizability of the error. The legal consequences of significant error in the state of Louisiana and the province of Quebec, which consist in the possibility to annul the contract, are considered. The study is useful for the development and improvement of the domestic doctrine of error.