ROLPO

Question	Answer
Specificatio	Nova spieces created from other's materials. Wine maker (A) owns the wine even if he uses B's grapes by mistake (separate issue of compensation owed to B). Q centres on restorability of materials, so: gold statue owned by gold owner, not artist; but marble owner loses ownership of marble statue mistakenly used by artist.
Ocupatio	Ownership by possession only: 1. prop previously un-owned: pebbles on beach; new island; 2. pre-owned but abandoned prop, as well as even escaped wild animals (which revert to their wild state on escape) unless owner in pursuit with realistic chance of success. 3. captured enemy prop
Original Aquisition	1. Occupatio: viz possession of e.g.wild animal, pebbles, new island, abandoned chair; 2. Specificatio: nova species: owner determined by restorability. A makes wine from B's grapes: A owns wine; marble statue owned by sculptor, but gold statue by gold owner: 3.Accessio: fireplace (accessory) accedes to house (principal); tree to land; treehouse to land; plant to land once it takes root; What about moveable to moveable: even gold words acceded to cheap paper, but painting to canvas 4. comixto: owners of mixed solids still own their respective parts (practice?) 5. confusio:
Possession requires?	CORPUS (Usually Physical Control) and ANIMUS (mental attachment/ intention)
A possessor has an	elevated degree of interest in controlling the object.
Example of an owner who does not have possession?	Pledge, pawn.
Pledge creditor is possessor but not owner. Legal relationship with pledge debtor however may mean ...	...pledge creditor gets remedy/ has right to the property.
A loans B lawn mower; Who possesses it? Who has remedy if stolen? B has?	A remains Owner AND possessor, as A maintains the ELEVATED INTEREST. B has no remedy if stolen from him; only A has. B has detention of the property (less than possession.
Less than possession?	Detention Neighbour's lawn-mower; shopping trolley?
Transfer of Ownership viz: Traditio= Informal Conveyance (not the formal mancipatio) Requires?	Transfer of possession AND Cause (event or circumstance that makes clear parties' desire to transfer ownership.
Traditio Longa manu (long-handed)	Often used for large or heavy items where physical delivery impossible or inconvenient
Delivery to an unknown person, in latin? E.g. Wedding pouroot If undelivered, who owns?	Traditio incertae personae If some coins uncollected on street, gifter remains owner (cause, but no delivery so no transfer of ownership)
Agreement to transfer ownership to another, but to remain in detention of the property, in latin? Example? Opposite to?	Constitutum Possessorium; Farm-owner sells farm but keeps using it; A transfers ownerhsip of lawn-mower to B, but A can keep using it. Cf. Short-handed delivery: B borrows lawn mower (detention) but then A buys a new one and lets B keep old one.
Short-handed delivery, in latin? means?	traditio brevi manu; A borrows (so detains) B's lawn-mower, B then buys another and tells A to keep old one.
If no owner in EM property Q, consider...	Ocupatio: Original acquisition of previously-unowned property.
Unowned thing, latin?	res nullius
You lose possession of a wild animal when it obtains its?	natural liberty. far enough away that you have as much chance of re-trapping it as catching another similar one.
Lose possession of homing animals (?) when they lose...	...their homing instinct. Bees, pigeons, doves.
Fact that a wild animal is on someone else's land makes...	no difference to property issue (unless landowner also possessor of animal)
Do landowners own the wild animals on their land?	No. The rabbits are yours for the hunting.
Wildness of animal is _____ to species?	intrinsic
Person running from bear locks it in his garage for safety. Does he own it.	Occupatio requires possession of res nullius. Possession requires Corpus and Animus. Here, has corpus, but no animus, so NOT OWNER.
A traps rabbit on B's land. Who owns it?	B, unless landowner had possession (including control), which is unlikely re a wild bunny.
Abandoned thing, latin? Who owns them?	res derelictae. res nullius (unowned).
Test for abandonment? Abandoned e.g.: Not abandoned e.g.:	Genuine desire not to own in future? broken chair; trunk thrown off sinking ship.
Lose ownership of abandoned property when abandoned (Savinion school) or when possessed by another (Proculian school)?	In ROLPO, res nullius on abandonment, waiting for new owner.
Accession requires 2 things?	inseparability and the loss of identity of one object
If I steal your plank and incorporate it into my table, do I still own the table?	Yes, think of accession in isolation from other obligations (eg. theft) and remedies that may be available.
Accession of plants and building materials use same rule:	When plants take root, or materials assembled together into building; until then, original owners retain ownership; afterwards, landowner owns the buildings, plants.
A builds on A's land with B's materials (knowingly or not); who owns building?	A, but B retains ownership of materials, and has dormant right to their return if building ever dismantled.
A builds on B's land with A's materials. Who owns building?	B, but A retains ownership of the materials. If B ever dismantles building, A has dormant right to get materials back.
If ID of both mingled things survives, don't treat it as Accession; rather C? or C?	Confusio: inseperable eg liquid, results in joint ownership, in proportion to contribution; or Comixtio: often solids such as beans or wool, no change in ownership status, but may be practical to assert joint also, rather than trying to find your particular beans or your wool.
Gin Martini is confusion or?	Accession of accessory (trace of vermouth) to principal (gin). POSSIBLY.
Specificatio could involve a maker producing a new thing from others' materials, but becoming the owner through...	occupatio. possessing the res nullius.
Specificatio could involve the make mingling his labour with others' materials, and taking ownership through...	accessio
Specificatio and _____ have parallel rules?	accessio
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.	reducible to its materials.
Approach to specificatio Qs: 1. 2. 3.	1. Is thing made new (materials have lost ID) 2. Is it reducible? 3. Did the maker add ANY of own materials?
Specification Qs: EM test, put better (?) way: 1. 2.	1. Has the ID of materials been destroyed? 2. Has the maker used any of own materials?
For treasure trove, don't apply the rules of...	accession
Two competing claimants for ownership of found treasure trove?	1. owner of land 2. finder of treasure.
Treasure Trove rules?	If landowner finds it on his own land, he takes ownership. If B accidentally finds it on A's land, ownership is shared equally.
Praedial (estate) Servitudes 1. iter 2. actus 3. via also 4: aquaeductus and?	1. right to pedestrian passage 2. and to drive livestock and vehicles 3. really just 2 4. to draw water from servient land also: to graze livestock, dig sand, burn lime...
Usufruct?	Right to use of and fruits of a property, but not a perishable or consumable property.
Usufructary may not... but may...	...cut down trees or demolish buildings; ...use the fruits of the trees etc.
Pledge is the right in security over...	corporeal property , constituted by delivery from the pledgor (debtor) to the pledgeee (creditor). Continued possession of property required to maintain the pledge, although even if property lost, the personal debt would continue.
Pledgee had to look after property...	to the highest standard of care.
right in another's property, latin?	jus en re aliena
hypotheca	security over property that allowed debtor to retain use of the property rather than relinquish it as per a pledge, or transfer ownership subject to recovery on repayment of the debt.
Acquisitive prescription, latin?	usucapio
Rules of usucapio shifted the...	burden of proof.
Bonitary owner (tile only formally defective) was protected from dispossession by... Bona fides possessor (substantial defect such as derived from non-owner) protected from...	...everyone, including the owner. ...everyone, except the owner.
Usucaper can become the owner if, two years of possession of immoveable (one of moveable) and inter alia, ...	just casue (iusta causa) for possession, e.g. paid someone he thought was owner etc. Usucaper must be convinced, honestly but wrongly, before possession begins.
Publician action?	owner purports to transfer ownership but fails in the formal requirements (of e.g. res mancipi). Legal fiction that new owner was bonitary owner who had satisfied usucapio time limits, and had remedy even against the true owner.
personal servitude is a not a personal right, but a ____ _____ that just happens to operate in favour of a person	real right.
Usufruct is the most important and common example of a _____ servitude. Servitudes should be exercised ______	personal. civiliter (politely).
Usufructuary gets ownership of fruits only when he _____ _____	takes them.
Usufruct is a servitude. It is not a ____ but a ____ _____ _____.	contract but a lesser real right
Servitue right of use/usus	per usufruct but without right to fruits.
That the servient tenement can't build higher is a ____ servitude; that the dominant tenement can draw water from the servient is a ____ servitude	negative positive.
Standard of care required of usufructary?	High standard, that of a bonus paterfamilias. Liable for losses through his negligence.
4 main rustic praedial servitudes?	1. Iter: to walk on foot over servient tenement 2. actus: incorporates iter and also allows to drive cattle or a vehicle 3. via: same as 2 really 4. aquaeductus
duty of care required of depositee?	Very low, nothing short of willful damage would be problematic.
duty of care of depositor	much higher than depositee's. Must not be negligent.
Contract of mutuum?	Like a loan of a consumable, including money. Recipient required to return item or its equivalent on demand (£20 sterling, not £20 worth of euros; two bananas, not necessarily the same ones).
Depositee required to keep property safe. Costs chargeable to...	depositor. Keeping a pineapple safe may mean storing it in the fridge.
Contract of hire, latin?	locatio conductio (hertz, driver)
Hertz would be the ____ (latin) The driver would be the _____	locatio conductio
Did conductor possess the property hired?	No, detained it.
Accessories normally associated with hired property had to be ____ _____	handed over with the principal item.
locator required to ensure conductor could enjoy the property for the ...	agreed hire period.
Locator required to maintain the property in a good state of repair, unless	damage caused by the negligence of the conductor.
Conductor able to recover ____ ____ from the locator for required maintenance	reasonable expenses
Locator to use which standard of care?	bonus paterfamilias
error in corpore	misaprehension re identity of object: I think I'm buying Puppy A; you think I want to buy Puppy B. Confusion over name etc not enough; has to relate to the actual object.
error in substantia	error in substance, over the NATURE of the object. I think I'm buying wine, but you know it's actually beer. Vitiates contract.
error in negotio	misaprehension re nature of contract: e.g. I think hire, you think sale. No contract formed then.
Date term in contract, latin? Is it conditional? Is obligation suspended? Is performance suspended?	Dies. NO NO YES
contract of commodatum? Duties of commodatary?	A (commodans) lends bicycle to B (commodatary) so that B can cycle to work. B must take very good care: liable for anything other than act of God. B to use it only for agreed purpose, otherwise could be seen as a species of theft. EXAM
duties re contract of commodatum reveresed from which contract? Explain.	depositum. Commodatary must use high standard of care compared to commodans; but depositor to apply higher standard of care than depositee.
pledge, in latin?	pignus
Mutuum contract involves delivery (ownership of the bread is transfered) and...	an obligation (to return the bread or its equivalent).
Return of object loaned through mutuum must be equivalent in terms of: 1. 2. 3.	1. Number 2. Size 3. Quality
mutuum loan of money to be repaid without interest (gratuitous). Second contract (known as ______) routinely included interest.	stipulatio
Possession transferred in these REAL contracts? 1. Mutuum 2. Commodatum 3. Pledge (pignus) 4. Depositum	1. Yes (and ownership) 2. No 3. Yes 4. No
A conditional obligation is one that is s_____ until or unless teh condition is satisfied	suspended
Stipulation ____ if the stiplator has no interest in the performance	void
Performance of contracts judged according to test of ____ ____	good faith
contract of mandate is ____. E.g. Revocable until ___ ___ Main litigation issue involves ____ of ____, such as the ____ ____	gratuitous service contract: Mandatory agrees to feed mandator's fish while former is on hols. Revocable until service begins; Main issue involves recovery of expenses, such as the fish food.
The further step required to make a buyer in a contract of sale the owner?	contract of conveyance, e.g. delivery.
A buyer is not an ____	owner
A sells bike to B; A then sells and delivers bike to C. Who owns the bike?	C owns the bike, as transfer requires conveyance, such as delivery. B can sue A in contract however.
A sells a bike he does not own to B. Does B own the bike?	No, can't convey title you don't have. Contract valid however, so although B may have to relinquish the bike o the actual owner, B can sue A for his loss.
A agrees to by "one of" B's cars. Has a contract been formed?	No, item not sufficiently identified.
A agrees to buy "a Peugeot 206" from a salesroom that has 2 of them. Has a contract been formed?	No, not sufficiently identified.
A agrees to buy B's red car. Has a contract been formed?	YES, provided B has only one red car.
A and B agree on the sale of a house that, unknown to both, burnt down yesterday. Has a contract been formed?	NO, thing needs to exist.
A and B agree on sale of tomorrow's Sun neswpaper. Has a contract been formed?	No, has to exist at time of contract.
A agrees to buy and B to sell a jacket yet to be made-to-order. Has a contract been formed?	NO, does not exist yet.
Semi-specific sale involves f_______. Buyer has an interest in the t___ but not the p_____ item. Examples?	Fungibles Type Particular Draught Beer, bananas...
Sale of future things: 1. 2.	1. expected thing, such as the sale of next year's harvest at £10 per bushel of wheat. Seller takes the risk as may be great or poor harvest; no payment due if no harvest at all. 2. expectation Pay fisherman £10 for 2moro's catch; really the sale of the hope of fish. Need to pay even if no fish caught. Buyer's risk.
Formation issues in sale. Price had to be in money (not barter) and ____ or ____ ____.	certain or immediately ascertainable.
A agrees to bu book at a "reasonable price" Has a contract been formed?	NO. Neither certain, nor immediately ascertainable price.
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.	YES (provided at least some money there). Price immediately ascertainable. Formation issue.
Can a sale contract be valid where the price is Zero?	NO
A and B agree to sale of book at "today's market value" Has a contract been formed?	YES. Price ascertainable.
A agrees to sell book to B at a price set by C. Has a contract been formed?	YES, BUT conditional, no obligation until C sets price.
Purported contract of sale really a gift if zero or very low price agreed. Why?	Sale gives loads of rights to buyer; creates obligations on seller. Not fair to impose those on gifter.
laesio enormis?	Unusual injury. Only example where low purchase price could justify litigation, here, if land bought at less than half its true value.
arra?	Ring used to seal a contract, but only of evidentiary value. If buyer pulls out, seller may keep the ring; if seller pulls out, had to return the ring + one more.
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.	perfected. gentle.
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.	perfected term
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 ___.	perfected buyer bonus paterfamilias fault
After conclusion of contract of sale, risk of _____ falls on buyer, but not responsibility for the _________of the seller.	deterioration negligence
Buyer and seller agree to the sale of a red liquid. Buyer thinks it's wine; seller thinks it's vinegar. Valid contract? OR ____ __ _____	NO. Error in substantia.
You commission tailor to make you a jacket with tailor's fabric. Sale or service? When formed?	Contract of sale formed when jacket made.
You bring fabric to tailor and commission a jacket. Sale or services contract?	Services, provided tailor did not supply any material. Service contract need to be services only.
Decisions on type of Gladiator contracts was postponed until after event. Contract re Survivors: ____ Killed: _____ Avoided error in ______	hire sale negotio (contract type)
______ Sea Law implied what?	Rhodian; when consignments thrown overboard to prevent sinking etc, losses shared out among all who had consignments, proportionate to their share of overall value. That way, those with heavy goods did not bear all the loss.
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 ___.	NO NO The individual. sharing profit AND loss
Theft =	handling of a thing with fraudulent intention in relation to the thing or even its use or possession.
If A takes the item he pledged from B (creditor in possession), although A iremains the owner, this is ____?	theft
What can be classified as theft in the context of commodatum (lend bike for use) or depositum (lend for safe-keeping)	unauthorised use.
A knocks coins out of B's hands so C may steal them. Theft by who?	A and C
Before guilty of theft by handling, handler would have to know____	that owner did not or would not consent to his handling of the item. (i.e. that the handling was fraudulent)
A picks up your book and tries but fails to take it aweay. Theft?	YES (we say "attempted" theft, but Romans called it theft).
A deposits book with B and B reads it. Theft?	YES, by handling, using in an unauthorised manner.
A lends book to B so B may read it. B uses book as a doorstop. Theft?	YES: Handling, using in unauthorised manner.
Useful concept when thinking of the mental element of theft?	Intention to profit.
A takes B's coat by mistake. Theft?	NO, as no fraudulent intention, or no intention to profit.
A deliberately takes B's coat, but does not know that B wanted someone to steal it so he could collect insurance. Theft?	No: Intention to profit, but not considered fraudulent where owner consents to the handling
A tricks B into taking A's coat, then accuses B of stealing it. Theft?	No, as owner willing, so deemed to be no fraudulent intent.
A sets fir to B's coat. Theft?	No, as no intention to profit. Remedy elsewhere though.
A smashes B's bottle of rare whiskey so A has the only one. Theft?	YES: intention to profit.
A hides B's coat so that B will catch cold. Theft?	YES: although no intention to profit, clearly fraudulent intention. (likely that intention to profit is only an aid to differentiation from vandalism).
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.	concluded perfected
caveat emptor reversed: seller responsible for latent defects he knew about: Up to 6 months? 12 months?	6: buyer can repudiate contract 12: seller to pay buyer difference between price paid and actual value.
Delict damages penal in character, as evidenced by fact that they often ______ the loss, or were even a ____ of it.	Exceeded Multiple
deliberate wickedness required to make depositee liable, not just	wilful damage… (3.14)
(handling, interfering, meddling) in latin.	Conterctatio
Delictual actions _____ with the death of the wrongdoer. They are _______.	Expire personal
Although we would toady consider some delicts crimes (theft), in RL, it was part of their ____ ____	private law
Offences against property divide into two 1. 2.	1. theft 2. damage or destruction (dealth with by lex Aquilia)
Lex Aquilia dealt with in Ch1: Ch2:	Ch1: killing of slaves or animals Ch3: damage to property
The delict of contempt (latin: ______) involves offence against the _____	iniuria person (not property)
Concept of iniuria includes physical and ______ injury.	reputational
affront, such as seizing goods knowing the owner is not in debt, is _____, and therefore an actionable ______.	iniuria (to reputation) delict
Contempt requires ______, so _______ is not enough.	intent negligence
Intent required for contempt delict, unless ______ (eg. intended to harm A but harmed B in fact: like transferred intent)	mistaken
Higher degree of contempt for higher orders or where physical injuty involved. Latin term?	iniuria atrox Aggravated injury
Defence against contempt delict?	truth forgiveness
___ could sue viz contempt for damage to reputation of wife	husband
unjustified enrichment, latin?	condictio indebiti
mandate can ____ before performance begins; If he performs, he can ______ _____.	renounce recover expenses
Real contracts 1. 2. 3. 4.	1. Depoitum 2. Commodatum (loan for use) 3. Mutuum (loan for consumption) 4. Pledge (pignus)
Consensual contracts (agreement) 1. English and latin 2. 3. 4.	1. sale (emptio venditio) 2. hire (locatio condcutio) 3. partnership (societas) 4.mandate (mandatum)
For delicts, consider separately: 1-4	1, physical act, 2.malign intention 3. cause, 4. damages
Damage required un ch3 Lec Aquilia	Burning, breaking, smashing eventually interpreted by jurists over the years SPOILING
lex Aquilia ch3 re damage originally geared to deal with fairly severe damage. Evolved to be enough if spoiling (latin ____) occurred.	rumpere
delict's penal sanctions generally only available for how long?	One year after wrong.
Lex Aquilia Ch1 provided damages for killing slave or livestock. How much? Which animals?	4 x highest value in preceding year. Those that grazed, included pigs later, but not wild animals or dogs.
Le Aquilia ch3 allowed damages for damage to or killing which animals?	any, not just grazers.
liability for killing indirectly under LAch1 where person	furnished the cause of death
direct killing under LACh1 required	close to physical contact, enough that you drop weight on B or push him into river where he drowns.
action for spoiling viz LACh3 e.g.	Causing wine to turn to vinegar
corrumpere even where no physical spoiling of another's slave you set free through kindness. Action based on?	loss to slave owner. Possibly only example where no physical damage required.
damages for 1. manifest theft (caught in act) 2. non-manifest	1. 4 x value 2. twice value
no theft by borrower for using borrowed thing in unauthorised way if he thought owner would have consented, as...	no fraudulent intent.
damages for robbery (things taken by force) 1. within one year 2. after	1. fourfold 2. single
Basis of valuation for 1. slave killed under LACh1? 2. slave injured under LACh3	1. highest value in preceding year 2. [highest] value in preceding month.
A insults B's slave and breaks his arm. Remedy? 1. 2.	1. contempt action re insult 2. LA Ch3 re loss re physical damage
Lex Aquilia requires negligence or intention; with contempt, only____ would suffice.	intention
Bases of action through LA Ch1 and Ch3 1. Loss 2. caused by 3.	3. party's wrongdoing i.e. intention or negligence
Even if wrong and cause, no action viz LA if no_____	loss
Under LA, even if loss and cause, without ____, no action	culpa, fault, wrongdoing
culpa, wrongdoing normally has to be a ___ act	positive
inadequate care by doctor was ___	culpa
killing a person walking on a javelin field with a javelin: no culpa in a public park?	culpa
by the body to the body (latin?) Causation requirement initially that direct, but relaxed later, why?	corpore corpori justice.

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