Questione giuridica chiave
Whether the auction award could be annulled for essential mistake about the property's buildable area.
Decisione estratta
No. The bidder did not in good faith rely on a necessary contractual element; the easement restricting construction was listed in the charges register sent to him, and he failed to clarify the obvious question of the affected area.
Motivazione estratta
Under Arts. 23 and 24(1)(4) CO, even a negligent mistake may justify avoidance, but not where the question was manifest and the mistaken party failed to inquire. Here the discrepancy resulted from an ignored charge already disclosed in the charges list.