Contract II

• What are the two most commercially important contractual undertakings in any system of law?

  Sale (emptio venditio) and hire (locatio conductio)
• What distinguishes consensual contracts from other types of contracts?

  They are contracted for by consent alone.
• Besides sale and hire, what other types of consensual contracts should be known in less detail?

  There are a number of other consensual contracts.
• What are the two features covered in addition to the Roman system of specific contracts?

  Innominate contracts and quasi-contracts.
• What are the two parties involved in a sale (emptio venditio)?

  The buyer (emptor) and the seller (vendor).
• What are the three key questions to ask regarding the formation of a contract of sale?

  How was the contract formed, what were the obligations of each party, and what actions were used by each party?
• What does it mean that sale is a consensual contract?

  It means that agreement is all that is required for the contract to be valid.
• What is the significance of the practice called arrah in the formation of a contract of sale?

  It influenced the formation of the contract of sale.
• What two important things must be agreed upon in a sale contract?

  The thing to be bought and the price to be paid.
• Why did Roman law not allow "generic" sales?

  Because the "thing" had to be specifically ascertained.
• What was required regarding the price in a sale contract?

  The price had to be certain and generally expressed in money.
• What happens in a sale when everything goes as expected?

  The buyer pays the price, and the seller hands over the thing as expected.
• What is the concept of risk in the context of a sale?

  It refers to the passage of risk, defining when the buyer must pay regardless of damage to the goods.
• What does the "passage of risk" signify in a contract of sale?

  It defines when the buyer is obliged to pay for the goods, regardless of damage.
• How does risk differ from property in a sale contract?

  Risk does not equate to property, as ownership requires traditio.
• What does "deliver" mean in the context of a sale contract?

  It means to transfer possession, not ownership, of the goods.
• What is the difference between latent and patent defects in a sale?

  Patent defects are visible, while latent defects are hidden and not easily seen.
• What are the main actions associated with sale?

  The actio empti and actio venditi.
• What is the term used for the Roman law of hire?

  Locatio conductio.
• What types of hire does the Roman law encompass?

  Hire of a thing, hire for labor, and hire for a result.
• How did Roman jurists approach the concept of hire?

  They applied practical principles rather than rigid doctrinal rules across different situations.
• What is the distinction between locatio conductio rei and locatio conductio operarum?

  Locatio conductio rei is the hire of a thing, while locatio conductio operarum is the hire of labor.
• What is the role of the locator and conductor in locatio conductio?

  The locator hires out the thing, while the conductor pays to use it.
• What actions do the locator and conductor have in locatio conductio?

  The locator has the actio locati, and the conductor has the actio conducti.
• What is a key issue in the formation of locatio conductio compared to sale?

  The rules of formation are broadly similar to those in sale contracts.
• How does risk apply in locatio conductio?

  Risk is an issue in hire just as it is in sale contracts.
• What is expected of the hirer in locatio conductio rei regarding care of the hired thing?

  The hirer must take reasonably good care of the thing they hired.
• What is a fundamental aspect of Roman law regarding actions?

  Roman law was a law of actions, focusing on what actions were brought and their implications.
• What are the other consensual contracts mentioned besides sale and hire?

  Mandatum (mandate) and societas (partnership).
• What was a central concern regarding Roman law's system of contracts?

  Theorizing what it meant to have a system of contracts rather than a single contract.
• What are pacta in the context of Roman law?

  Pacta are agreements that do not fall into one of the contractual categories.
• How did Roman law treat nudum pactum?

  Nudum pactum were not supposed to be enforceable.
• What are innominate contracts in Roman law?

  Innominate contracts are those that do not fall into the "nominate" contracts category.
• What is the significance of quasi-contracts in Roman law?

  They differ from proper contracts and highlight the nature of contractual liability.
• What is the nature of consensual contracts in Roman law?

  They arose from mere agreement (nudo consensu) without the need for form or physical act.
• How is the idea of bona fide applied in consensual contracts?

  It is especially applied in sale and hire contracts.
• What is an arrha in the context of a contract?

  An earnest given upon entering into a contract, usually a ring or sum of money.
• What was the evidential value of arrha in classical law?

  It confirmed the presence of a contract of sale.
• How did Greek practice influence the concept of arrha?

  A future purchaser would give a considerable proportion of the intended purchase price as arrha at the time of agreement.
• What happened if a purchaser defaulted after giving arrha in Greek practice?

  They lost the arrha, but if the vendor declined complete agreement, they had to restore arrha two-fold.