Joke statement
A joke statement ( good joke , too: joke shop ) is a declaration of intent , which is delivered in the expectation that the lack of seriousness will not be misunderstood. Such a declaration of intent is null and void under German civil law in accordance with Section 118 BGB .
If, in a well-known example, the guest calls out “Local round, for everyone!” With the expectation that the innkeeper will recognize that this was not meant seriously, no contract will be concluded with the innkeeper. However, in accordance with Section 122 of the German Civil Code (BGB) , the declaring party has to compensate for the loss of trust suffered by the innkeeper by trusting the validity of the declaration. This could be, for example, the purchase price of the beer or the profit lost due to the failure of other guests' orders . This obligation to pay compensation only does not apply if the injured party knew the reason for the nullity or did not know it as a result of negligence (had to know ).
As soon as the declaring person realizes that the declaration recipient has taken the declaration of joke as serious, he is obliged to clarify in good faith . Otherwise, the declaration of intent is to be regarded as effective and the person making the declaration is bound by it.
If the declarer assumed that the recipient takes his declaration of intent seriously, it is a bad joke that is treated as a secret reservation .
Some see the regulation of the declaration of joke in Section 118 of the German Civil Code (BGB) as a generalizable provision on the treatment of declarations of intent that were made without any consciousness of explanation .
See also: Fun offerers
