Dwaling

Mistake involves an erroneous representation of the facts at the time of concluding an agreement, such that a party would not have contracted had it known the true state of affairs. Under Dutch law, mistake is governed by Article 6:228 of the Dutch Civil Code and may constitute grounds for annulment where the other party knew or ought to have known of the mistake or ought to have provided information.

The provision seeks to balance freedom of contract with protection against the unintended consequences of an agreement. In practice, mistake is frequently invoked in transactions where essential information was lacking, such as the sale of immovable property with latent defects or incorrect representations as to the identity or qualities of the counterparty.