negotorium gestio

Question 1

negotorium gestio

Answer 1

Negotiorum gestio allows someone to manage another’s affairs when they are unable to do so themselves, with the assumption that they would have agreed if they could.

Question 2

case; negotiorum gestio

Answer 2

Maple v Graham 1757 Maule (the gestor) took control of certain financial matters for Graham (the dominus negotii), who was absent and unable to act due to illness or some form of incapacity. Maule took actions in Graham’s best interest, believing that Graham would have consented to the management of his affairs had he been able.

Question 3

rules of negotorium gestio

Answer 3

Dominos negotii’s obligation: The person whose affairs are being managed must reimburse the gestor for any expenses and relieve them of any obligations they incurred while managing the affairs.
Gestor’s obligation: The gestor must account to the dominus for any profits, benefits, or interest earned from managing the dominus’s estate.
Gestor’s liability: The gestor is responsible for any losses caused to the dominus due to the gestor’s mistakes or negligence