PSY 005 Lecture Notes - Lecture 41: Gounder, Bartolus De Saxoferrato, Gross Negligence

• School: College of The Sequoias
• Department: Psychology (PSY)
• Course: PSY 005
• Professor: Jibai

Document Summary

Contractus contract, but it has a limited meaning compared to this that we have today. Conventio meeting of the minds, at first not needed to have a contract. Pacta other agreements than contracts that had limited legal rights, because romans recognized only a small number of contracts numerus clausus. Obligations can be ex contractu and ex delicto (classified by gaius) + quasi ex delicto / ex contractu (justinian) Principles of roman contract law: clausula rebus sic stantibus assumption that no one is bound by the promise when fundamental circumstances change. It is based on the view that for every transaction, there is a fair price (justum pretium) and that both parties should benefit equally from the contract. Roman law lacked a fundamental unifying principle, but there are certain features that define contracts. However, the defining feature is consensus there has to be a meeting of minds, (consensus ad idem). Genuine consensus is not reached when: there"s an ambiguity.