Law of Contracts Flashcards
1
Q
Types of contractual obligations
A
- Re (Handing over a thing)
- Verbis (By form of words)
- Litteris (By a special kind of writing)
- Consensus (Agreement without anything further)
2
Q
What mistakes voided a contract?
A
- Negotio
- Corpore
- Persona
- Substantia
3
Q
What is duress?
A
- A threatens B or member of his family with serious evil unless consents
- Exceptio Metus defence for unilateral contracts only
4
Q
Fraud
A
- Exceptio doli against party trying to enforce fraudulent contract
- Actio Doli for aggrieved party who suffered loss a result of fraud
5
Q
Causa
A
- Necessary to be existence of some ground for enforcing
- Formal = Form of agreement i.e. literis the writing
- Re = Handing over of thing
- Consensual contracts = Causa lay in necessity for recognising them as actionable
- General rule that agreement to perform immoral act = null
6
Q
Effects of impossibility
A
- At the time of agreement impossible = void
- Supervening = Still valid & enforceable as long as other party not one to blame
7
Q
Standards of care
A
- Custodia (Strict liability for all loss not be vis maior); gone late law
- Dolus: All answerable for intentional acts
- Culpa:
o Lata (Not understand what everyone understands)(Gross negligence)
o Levis in abstracto: Failure to show standard reasonable bonus paterfamilias exercises habitually in his own affairs
o Levis in concerto; Failure to show diligence which person in question habitually exercises in his own affairs
o Lata/ Levis distinction based on whether party benefitted from contract, though dispute over when - Mora
o Fails to fulfil duty at proper time then strict liability for all
8
Q
Stipulatio Basics
A
- Unilaterial, stricti iuris
- Essential there was correspondence between Q & A
9
Q
Formal stipulatio requirements
A
- Congruence in Q & A
- No substantial gap
- Emperor Leo 427AD Relaxation that any expression of intent = valid
o Nich. = Made G’s list non-exhaustive
o Riccobono = Removed need for a Q & A - J. affirmed cautio but need to meet
10
Q
Mutuum
A
- Gratuitous loan for consumption
- Recipient gained dominium
- Duty to restore in kind
- Enforce via. Condictio Pecunaie (Money) or Condictio Triticaria (Specific thing)
11
Q
Commodatum
A
- Gratuitous loan for corporeal ting
- Returned in its slef
- Only gives detention
- Borrower duties
o Return thing as implied or stated in contract
o Return it as good as received
o Liable for custodia
o Use within term of contract - Lender duties
o Allow to have for time agreed
o Indemnify him for any extraordinary expense
o Indemnify him for damage caused by something he was aware of - Actions
o Lender – Actio Commodati Directa
o Borrower – Actio commodati contraria
12
Q
Depositum
A
- Gratuitous giving of bare detention
- Depositee duties
o Not to use
o Restore upon demand
o Dolus and culpa lata - Depositer duties
o Compensate depositee for expenses
o Liable for damage aware that it might cause damage - Actions
o Actio depositi direct to depositee
o Actio depositi contraria to depositer
13
Q
Pignus
A
- Security for a debt
- Classical period for pledgee to sell if debt not paid
- Pledgee duty
o Restore when debt extinguished
o Restore surplus to original debt if sold higher value
o Culpa Levis in abstracto
o Not use it - Pledgor duties
o Expenses
o Indemnify for damage and mischief (If knew had mischievous quality)
o Pay damages if in fact did not belong to him - Actions
o Pledgor – Actio Pigneraticia directa
o Pledgee – Actio pigneratica contraria
Consensual contrcaats - Sale (Emptio Venditio)
- Hire (Locatio conductio)
- Partnership (Societas)
- Mandate (Mandatum)
Origin of consensual contracts - Expanding Roman economy in mid republic
- Commercial needs of vast empire required formless agreement
14
Q
Consensual contracts
A
- Sale (Emptio Venditio)
- Hire (Locatio conductio)
- Partnership (Societas)
- Mandate (Mandatum)
15
Q
Origin of consensual contracts
A
- Expanding Roman economy in mid republic
- Commercial needs of vast empire required formless agreement
