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Specificatio
Ocupatio
Original Aquisition
Possession requires?
A possessor has an
Example of an owner who does not have possession?
Pledge creditor is possessor but not owner. Legal relationship with pledge debtor however may mean ...
A loans B lawn mower;
Who possesses it?
Who has remedy if stolen?
B has?
Less than possession?
Transfer of Ownership viz:
Traditio=
Informal Conveyance
(not the formal mancipatio)
Requires?
Traditio
Longa manu (long-handed)
Delivery to an unknown person, in latin?
E.g. Wedding pouroot
If undelivered, who owns?
Agreement to transfer ownership to another, but to remain in detention of the property, in latin?
Example?
Opposite to?
Short-handed delivery, in latin?
means?
If no owner in EM property Q, consider...
Unowned thing, latin?
You lose possession of a wild animal when it obtains its?
Lose possession of homing animals (?) when they lose...
Fact that a wild animal is on someone else's land makes...
Do landowners own the wild animals on their land?
Wildness of animal is _____ to species?
Person running from bear locks it in his garage for safety.
Does he own it.
A traps rabbit on B's land. Who owns it?
Abandoned thing, latin?
Who owns them?
Test for abandonment?
Abandoned e.g.:
Not abandoned e.g.:
Lose ownership of abandoned property when abandoned (Savinion school) or when possessed by another (Proculian school)?
Accession requires 2 things?
If I steal your plank and incorporate it into my table, do I still own the table?
Accession of plants and building materials use same rule:
A builds on A's land with B's materials (knowingly or not); who owns building?
A builds on B's land with A's materials.
Who owns building?
If ID of both mingled things survives, don't treat it as Accession;
rather
C? or C?
Gin Martini is confusion or?
Specificatio could involve a maker producing a new thing from others' materials, but becoming the owner through...
Specificatio could involve the make mingling his labour with others' materials, and taking ownership through...
Specificatio and _____ have parallel rules?
Maker of new thing from others' materials becomes owner unless...
However, even if______, if the maker adds ANY of his own materials, then maker is owner.
Approach to specificatio Qs:
1.
2.
3.
Specification Qs: EM test, put better (?) way:
1.
2.
For treasure trove, don't apply the rules of...
Two competing claimants for ownership of found treasure trove?
Treasure Trove rules?
Praedial (estate) Servitudes
1. iter
2. actus
3. via
also 4: aquaeductus
and?
Usufruct?
Usufructary may not...
but may...
Pledge is the right in security over...
Pledgee had to look after property...
right in another's property, latin?
hypotheca
Acquisitive prescription, latin?
Rules of usucapio shifted the...
Bonitary owner (tile only formally defective) was protected from dispossession by...
Bona fides possessor (substantial defect such as derived from non-owner) protected from...
Usucaper can become the owner if, two years of possession of immoveable (one of moveable) and inter alia, ...
Publician action?
personal servitude is a not a personal right, but a ____ _____ that just happens to operate in favour of a person
Usufruct is the most important and common example of a _____ servitude.
Servitudes should be exercised ______
Usufructuary gets ownership of fruits only when he _____ _____
Usufruct is a servitude.
It is not a
____
but a
____ _____ _____.
Servitue right of use/usus
That the servient tenement can't build higher is a ____ servitude;
that the dominant tenement can draw water from the servient is a ____ servitude
Standard of care required of usufructary?
4 main rustic praedial servitudes?
duty of care required of depositee?
duty of care of depositor
Contract of mutuum?
Depositee required to keep property safe.
Costs chargeable to...
Contract of hire, latin?
Hertz would be the ____ (latin)
The driver would be the _____
Did conductor possess the property hired?
Accessories normally associated with hired property had to be ____ _____
locator required to ensure conductor could enjoy the property for the ...
Locator required to maintain the property in a good state of repair, unless
Conductor able to recover ____ ____ from the locator for required maintenance
Locator to use which standard of care?
error in corpore
error in substantia
error in negotio
Date term in contract, latin?
Is it conditional?
Is obligation suspended?
Is performance suspended?
contract of commodatum?
Duties of commodatary?
duties re contract of commodatum reveresed from which contract?
Explain.
pledge, in latin?
Mutuum contract involves delivery (ownership of the bread is transfered) and...
Return of object loaned through mutuum must be equivalent in terms of:
1.
2.
3.
mutuum loan of money to be repaid without interest (gratuitous).
Second contract (known as ______) routinely included interest.
Possession transferred in these REAL contracts?
1. Mutuum
2. Commodatum
3. Pledge (pignus)
4. Depositum
A conditional obligation is one that is s_____ until or unless teh condition is satisfied
Stipulation ____ if the stiplator has no interest in the performance
Performance of contracts judged according to test of ____ ____
contract of mandate is ____.
E.g.
Revocable until ___ ___
Main litigation issue involves ____ of ____, such as the ____ ____
The further step required to make a buyer in a contract of sale the owner?
A buyer is not an ____
A sells bike to B;
A then sells and delivers bike to C.
Who owns the bike?
A sells a bike he does not own to B.
Does B own the bike?
A agrees to by "one of" B's cars.
Has a contract been formed?
A agrees to buy "a Peugeot 206" from a salesroom that has 2 of them.
Has a contract been formed?
A agrees to buy B's red car.
Has a contract been formed?
A and B agree on the sale of a house that, unknown to both, burnt down yesterday.
Has a contract been formed?
A and B agree on sale of tomorrow's Sun neswpaper.
Has a contract been formed?
A agrees to buy and B to sell a jacket yet to be made-to-order.
Has a contract been formed?
Semi-specific sale involves f_______.
Buyer has an interest in the t___ but not the p_____ item.
Examples?
Sale of future things:
1.
2.
Formation issues in sale.
Price had to be in money (not barter) and ____ or ____ ____.
A agrees to bu book at a "reasonable price"
Has a contract been formed?
A agrees to buy and B to sell a book at the price of "all the money in A's bank account".
Has a contract been formed?
This is a ______ issue.
Can a sale contract be valid where the price is Zero?
A and B agree to sale of book at "today's market value"
Has a contract been formed?
A agrees to sell book to B at a price set by C.
Has a contract been formed?
Purported contract of sale really a gift if zero or very low price agreed.
Why?
laesio enormis?
arra?
B agrees to buy S's car if he can deliver it by Fri. Conditional contract concluded but not ___?
Neither may unilaterally withdraw, as g_____ obligation created.
Contract falls if ob not performed.
B agrees to buy S's car with the seller undertaking to deliver by Fri.
Not a conditional contract, but a ____ one; delivery by Fri is simply a ___ of the contract.
Contract for fungibles such as bananas concluded when offer accepted, but not ____ until set aside.
Risk with ___ between conclusion and perfection (price paid and delivery made).
Duty of care on seller?
Differentiate between risk and ___.
After conclusion of contract of sale, risk of _____ falls on buyer, but not responsibility for the _________of the seller.
Buyer and seller agree to the sale of a red liquid. Buyer thinks it's wine; seller thinks it's vinegar.
Valid contract?
OR ____ __ _____
You commission tailor to make you a jacket with tailor's fabric.
Sale or service?
When formed?
You bring fabric to tailor and commission a jacket.
Sale or services contract?
Decisions on type of Gladiator contracts was postponed until after event.
Contract re Survivors: ____
Killed: _____
Avoided error in ______
______ Sea Law implied what?
Were partnerships a legal entity as today?
Did partner act as agent for partnership?
Did creditor lend to partnership or individual partner who negotiated the deal?
Partnerships formed the basis of _____ ____ and ___.
Theft =
If A takes the item he pledged from B (creditor in possession), although A iremains the owner, this is ____?
What can be classified as theft in the context of commodatum (lend bike for use)
or
depositum (lend for safe-keeping)
A knocks coins out of B's hands so C may steal them.
Theft by who?
Before guilty of theft by handling, handler would have to know____
A picks up your book and tries but fails to take it aweay.
Theft?
A deposits book with B and B reads it.
Theft?
A lends book to B so B may read it.
B uses book as a doorstop.
Theft?
Useful concept when thinking of the mental element of theft?
A takes B's coat by mistake.
Theft?
A deliberately takes B's coat, but does not know that B wanted someone to steal it so he could collect insurance.
Theft?
A tricks B into taking A's coat, then accuses B of stealing it.
Theft?
A sets fir to B's coat.
Theft?
A smashes B's bottle of rare whiskey so A has the only one.
Theft?
A hides B's coat so that B will catch cold.
Theft?
A offers to buy 12 bananas from B, and B accepts. Contract is ______?
B then sets aside the bananas, so contract _____, and risk transfers to A.
Before setting aside, contract imperfect as no agreement over the thing.
caveat emptor reversed:
seller responsible for latent defects he knew about:
Up to 6 months?
12 months?
Delict damages penal in character, as evidenced by fact that they often ______ the loss, or were even a ____ of it.
deliberate wickedness required to make depositee liable, not just
(handling, interfering, meddling) in latin.
Delictual actions _____ with the death of the wrongdoer.
They are _______.
Although we would toady consider some delicts crimes (theft), in RL, it was part of their ____ ____
Offences against property divide into two
1.
2.
Lex Aquilia dealt with in
Ch1:
Ch2:
The delict of contempt (latin: ______) involves offence against the _____
Concept of iniuria includes physical and ______ injury.
affront, such as seizing goods knowing the owner is not in debt, is _____, and therefore an actionable ______.
Contempt requires ______, so _______ is not enough.
Intent required for contempt delict, unless ______ (eg. intended to harm A but harmed B in fact: like transferred intent)
Higher degree of contempt for higher orders or where physical injuty involved.
Latin term?
Defence against contempt delict?
___ could sue viz contempt for damage to reputation of wife
unjustified enrichment, latin?
mandate can ____ before performance begins;
If he performs, he can ______ _____.
Real contracts
1.
2.
3.
4.
Consensual contracts (agreement)
1. English and latin
2.
3.
4.
For delicts, consider separately:
1-4
Damage required un ch3 Lec Aquilia
lex Aquilia ch3 re damage originally geared to deal with fairly severe damage. Evolved to be enough if spoiling (latin ____) occurred.
delict's penal sanctions generally only available for how long?
Lex Aquilia Ch1 provided damages for killing slave or livestock. How much?
Which animals?
Le Aquilia ch3 allowed damages for damage to or killing which animals?
liability for killing indirectly under LAch1 where person
direct killing under LACh1 required
action for spoiling viz LACh3 e.g.
corrumpere even where no physical spoiling of another's slave you set free through kindness.
Action based on?
damages for
1. manifest theft (caught in act)
2. non-manifest
no theft by borrower for using borrowed thing in unauthorised way if he thought owner would have consented, as...
damages for robbery (things taken by force)
1. within one year
2. after
Basis of valuation for
1. slave killed under LACh1?
2. slave injured under LACh3
A insults B's slave and breaks his arm.
Remedy?
1.
2.
Lex Aquilia requires negligence or intention;
with contempt, only____ would suffice.
Bases of action through LA Ch1 and Ch3
1. Loss
2. caused by
3.
Even if wrong and cause, no action viz LA if no_____
Under LA, even if loss and cause, without ____, no action
culpa, wrongdoing normally has to be a ___ act
inadequate care by doctor was ___
killing a person walking on a javelin field with a javelin: no culpa
in a public park?
by the body to the body (latin?)
Causation requirement initially that direct, but relaxed later, why?
