Article 58 of the Saudi Civil Transactions Law
المادة 58 من نظام المعاملات المدنية · الفرع الأول: أركان العقد أولًا: الرضى
A contracting party's mistake is taken into account only if the other party made the same mistake, knew he had made it, or could easily have discovered it.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يُعتد بغلط المتعاقد إلا إذا كان المتعاقد الآخر قد وقع معه في الغلط نفسه أو علم بوقوعه فيه أو كان من السهل عليه أن يتبينه
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 58 explained in plain English
This article places a restriction on relying on mistake that concerns the position of the other contracting party. It is not enough for one contracting party to make a mistake for it to be taken into account; one of three cases must be met:
- Common mistake: the other contracting party made the same mistake.
- Knowledge of the mistake: the other contracting party knew he had made it.
- Ease of discovery: it was easy for the other contracting party to discover it.
If none of these cases is met, the mistake is not taken into account. The evident purpose of this restriction is that a contracting party who did not share in the mistake, did not know of it and could not easily have discovered it should not be taken by surprise by being met with the other party's mistake.
This article is read together with Article 57, which gives the contracting party the right to seek annulment of the contract if he made a material mistake without which he would not have agreed to the contract, particularly if the mistake concerns a quality of the subject matter, the other contracting party's person or quality, or a statutory ruling. Article 57 determines which mistake allows seeking annulment, and Article 58 determines when it is taken into account in light of the other contracting party.
Article 59 provides that a mere material error in calculation or writing does not affect the contract.
If you intend to seek annulment of a contract because of a mistake, consult a lawyer who specializes in civil cases to assess whether these conditions are met.
Practical example
Hind bought a watch from an online store in Jeddah that she thought was made of pure gold, while the product description stated that it was plated. If the seller did not make the same mistake, did not know of her mistake, and could not easily have discovered it, her mistake is not taken into account. But if she had told the seller before buying that she wanted it because it was pure gold, he would have known that she had made the mistake.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 58 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 58 of the Saudi Civil Transactions Law
When is a mistake in a contract taken into account?
If the other contracting party made the same mistake, knew he had made it, or could easily have discovered it.
Is it enough that I made a mistake to seek annulment of the contract?
No. The article takes a contracting party's mistake into account only if one of the three cases concerning the other contracting party is met.
What is meant by a common mistake?
That the other contracting party made the same mistake as the contracting party, which is one of the cases in which the mistake is taken into account.
More articles on Elements of the Contract
- Article 11
The article allows a chosen domicile to be adopted for a particular act, serving as the domicile for everything relating to it unless expressly limited, and requires writing to prove it.
1- يجوز اتخاذ موطنٍ مختارٍ لعملٍ معيَّن، ويكون هو الموطن لكل ما يتعلق بهذا العمل؛ ما لم يُشترط صراحةً قصر هذا الموطن على أعمالٍ دون أخرى. 2- لا يجوز إثبات وجود
- Article 30
The article provides that the rules of the contract chapter apply to named and unnamed contracts, without prejudice to the legal provisions that regulate contracts of a special nature.
تطبق الأحكام الواردة في هذا الفصل على العقود المسماة وغير المسماة، وذلك دون إخلال بالأحكام الواردة في النصوص النظامية التي تنظم عقودًا ذات طبيعة خاصة.
- Article 31
A contract arises when one party's offer is joined to the other's acceptance to produce a legal effect, subject to the particular forms the legal provisions set for the formation of certain contracts.
ينشأ العقد بارتباط الإيجاب بالقبول لإحداث أثر نظامي، مع مراعاة ما تقرره النصوص النظامية من أوضاعٍ معيّنةٍ لانعقاد العقد.
- Article 32
Consent in a contract is achieved when the wills of two or more contracting parties who have capacity to contract coincide and the will is expressed by what indicates it.
يتحقق الرضى إذا توافقت إرادتا متعاقدين (أو أكثر) لديهما أهلية التعاقد وعُبِّر عن الإرادة بما يدل عليها.
- Article 33
Offer and acceptance may be by anything that indicates the will: words, writing, an understood gesture or mutual exchange, explicit or implicit, unless the legal provisions, the agreement or the nature of the transaction require otherwise.
1- يكون الإيجاب والقبول بكل ما يدل على الإرادة. 2- يجوز أن يكون التعبير عن الإرادة باللفظ أو بالكتابة أو بالإشارة المفهومة أو بالمعاطاة، وأن يكون صريحًا أو ضمني
- Article 34
Displaying goods and services with their price stated is an offer, and an advertisement with the prevailing prices is not an offer, unless there are indications to the contrary in either case.
1- يعد عرض البضائع والخدمات مع بيان ثمنها إيجابًا، إلا إذا قامت دلائل تفيد خلاف ذلك. 2- لا يعدُّ الإعلان مع بيان الأسعار المتعامل بها إيجابًا، إلا إذا قامت دلائ
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.