What is an Alt 1

A content error (or error about the content of the declaration) exists if the external fact of the declaration (i.e. the declaration itself) agrees with the inner will of the person making the declaration, i.e. the person making the declaration uses exactly the explanatory symbol that he would like to use, but The (objective) content of the declaration and the (subjective) will to explain fall apart because the declaration has a different meaning in legal dealings than that which the declaring party attached to his declaration2


The standard example3 listed for this is the so-called Toilet paper case (RGZ. 99, 147), which the regional court Hanau4 had to decide in 1978: The vice principal of a girls' secondary school ordered “25 large rolls” of toilet paper as their representative, without knowing that the meaning large represented a unit of quantity - namely 12 x 12 pieces. When placing the order, the vice-principal had assumed one type of packaging with regard to the designation “Gros” and actually only wanted to order 25 double packs of toilet paper. After the school had largely refused to accept and paid for 3,600 rolls of toilet paper and had declared the challenge, the supplier sued them for payment.


The lawsuit was unsuccessful. The district court confirmed the effective contestation of the legal transaction due to an error about the actual content of the declaration. On the one hand, the term "Gros" is out of date, which means that it cannot be assumed that the actual meaning of the word is known to everyone, not even a deputy headmistress. On the other hand, an order of this magnitude for such a small institute as a school would be beyond any life experience.