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Roman Law - Contract ; Questions & 100% Verified Correct Answers with complete solutions (Latest updates) 2024/2025 - Study guides, Class notes & Summaries Looking for the best study guides, study notes and summaries ? On this page you'll find study Guide documents about ROMAN LAW Exam.
Roman Law - Contract
A form of strict liability where the only situation in which a person would not liable was when a
"greater force" had occurred for which they were not at fault. They would still be liable if the
thing were stolen in their custody or if it had been damaged by animals.
Generally applied to anyone who undertook for reward to work upon and return the thing to
another (i.e. a fuller). - ANS-Custodia
A gratuitous and imperfectly bilateral contract. Arises when a person is commissioned to do
something for another. It did not have to be something for the person contracting the mandate -
could be for a third party. However, it was only advice, NOT mandate, in cases where it was for
the sake of the person being commissioned.
The parties were reciprocally bound to do all that was equitably to be done in the matter.
Could withdraw from the contract without penalty before the action had begun.
Ended by death of either party. - ANS-Mandate
A loan for use only.
Transferred neither ownership nor possession.
The contract is gratuitous, otherwise it falls under the umbrella of hire.
A bilateral contract, though liability of the borrower depended on whether the loan was for their
own benefit. If so, liability was higher. Generally only culpa levis in concreto applied.
The lender was liable to pay any abnormal costs incurred in the loan; they were liable only for
dolus (i.e. damage caused by a known defect).
The borrower had to use the item as intended or else he could be liable for theft. -
ANS-Commodatum
A loan in kind of a fungible item (i.e. money).
Both ownership and possession were transferred.
A unilateral contract - bound to return the equivalent of the item loaned, not the item itself. -
ANS-Mutuum
A perfectly bilateral contract (i.e. parties have same interests) with a single action attached to it
(actio pro socio). Considered to be particularly personal - much of the contract is left to good
faith.
The parties must always share a profit but do not have to share liability for loss. -
ANS-Partnership
A unilateral and stricti iuris contract entered into through a verbal question and answer. The
form of the words spoken is more important in the time of Gaius and has been relaxed by
Justinian (although Nicholas argues that the question and answer form is still required). The
form was originally confined to Roman citizens, but by the classical law could be spoken in other
languages provided both parties understood, the words were spoken, and the question
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