Questione giuridica chiave
Whether the employer validly avoided the employment contract for fundamental mistake regarding the applicant's residence and work authorization
Decisione estratta
The contract could be avoided because the applicant's immigration status and immediate availability were objectively and subjectively essential contractual assumptions.
Motivazione estratta
The employer was mistaken about a core basis of the deal: the chances of obtaining permission for employment and the applicant's lawful ability to start work. That status was a necessary basis under loyal commercial practice.