HIST-1106EL Study Guide - Quiz Guide: Meeting Of The Minds, Real Contracts In Roman Law, Stipulatio
13 Nov 2020
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Roman law: lacking a fundamental unifying principle other than the necessity for an agreement set of remedies for particular situations each remedy containing its own decisive rules early rome: revolved largely around a single contract (stipulatio) English law: comprises a number of discrete transactions all contracts in roman law: bona fidei / stricti iuris. Unambiguous agreement genuine consensus might be lacking - mistake/fraud/duress. Roman judge: less reluctant to nullify contracts made by mistake. One/both parties were mistaken about the type of transaction intended: mistaken subject matter (error in corpore): One/both parties were mistaken over the identity of the thing that was the central object of the contract: mistaken identity (error in persona): One/both parties were mistaken about the identity of the other party. Post-classical period: mistake about the quality of subject matter of the contract (error in substantia) Such mistakes: stricti iuris contracts - irrelevant bona fidei c. - could be invalidated if the mistake was fundamental.
