error in negotio (Latin)

Literal translation

error in business or commercial transaction

Legal meaning

An error occurring during a business negotiation or commercial dealings, which may result in misunderstandings or discrepancies in the final agreement. In South African law, this term is used to describe instances where a miscommunication or mistake happens during contract negotiations.

Examples

• The parties entered into the agreement with full understanding of the terms and conditions, including an error in negotio that was identified during one of our discussions.
• In the context of drafting legal documents, care must be taken to avoid errors in negotio as it could lead to potential ambiguities or contradictions. [See Section 17 of the Act]

• 🇿🇦 Act Computers v NVM Beleggings & Versekerings Adviseurs
  Supreme Court of Appeal of South Africa· 2009-09-17· 648/08

  that there had been an error as to the nature of the contract (error in negotio) which was accordingly void, and that NVM was entitled to restitution of the

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