If the applicant was not aware of the provision of his contract and a reasonable person in the same position had not been aware of it, it is not binding on the individual and the agreement fails due to lack of mutual consent. The express terms of the agreement shall apply to the particular fault of the defendant. As a general rule, such contracts do not include gross negligence, intentional, wilful or reckless, or conduct that constitutes an intentional act. Another example is a rental agreement in which the obligation to pay the rent is linked to the obligation to rent the premises. If there are two duties, “there are two rights, two duties and therefore two creditors and two debtors”.  While a competition of will between the parties is generally considered to be the main basis of contractual liability (theory of will), an error (error) in the treaty refers to a situation in which a party acts under a misunderstanding and leads to divergences (disagreements) between the parties. . . .
Absolving Agreement Example