obligations

Question 1

what is the law of obligations

Answer 1

actions in personam

Question 2

what are real contracts

Answer 2

contracts that benefit one party alone

Question 3

what is mutuum

Answer 3

loan for consumption. The lender has to return the object borrowed or the equivalent at the appointed time. Possession and ownership transferred.

Question 4

what is the unilateral contract

Answer 4

only one party incurs obligations and only on party has rights under contract

Question 5

what is commodatum

Answer 5

loan for use. Neither ownership nor (legally protected) possession passes only mere physical possession

Question 6

what kind of liability comes under commodatum

Answer 6

strict liable. If loses object under circumstances that are not his fault he is still liable. Liable in all circumstances apart from supervening impossibility or acts of God. Borrower is subjected to a high level of care

Question 7

what is liability for dolus

Answer 7

liability for bad faith, fraud or deliberate wrongdoing

Question 8

what is liability for culpa

Answer 8

liability for negligence or fault. Do not take care of the property being borrowed.

Question 9

what is culpa lata

Answer 9

gross fault. Where you are so negligent that it is almost classed as wrong doing.

Question 10

what is culpa levis

Answer 10

advised to adhere to a higher form of care as you are expected to avoid negligence.

Question 11

what is liability to failure to exercise custodia

Answer 11

a form of strict liability. Saying liable for the safe return of the thing borrowed regardless of whether they were at fault.

Question 12

what duties does the lender have under commodatum

Answer 12

• He had to allow the borrower to use the thing for the agreed period of time
• He also had to indemnify the borrower for any extraordinary expenses incurred in relation to the thing while it was in the borrower’s custody
• Finally, suppose the thing lent caused damage to the borrower’s property due to some defect in the thing known to the lender. For example, suppose the lender lent vessels to hold wine and the vessels were in fact leaky- and the was known to the lender. In that case, the lender would be liable for the damage to the borrower’s property.

Question 13

what is depositum

Answer 13

the gratuitous leaving of an object with another for safe-keeping. If the depositee charged a fee for keeping the object safe then contract was not one of deposit

Question 14

what is the duties of the depositee under depositum

Answer 14

1. First, he had to keep the thing and to avoid using it. If he used the thing in bad faith, he was liable for theft.
2. Second, the depositee had to return the thing on demand in as good a condition he received it with any produce or accessories.

Question 15

what standard of care did the depositee have to exercise in relation to the thing deposited?

Answer 15

the contract was originally gratuitous, it was free care, not liable for high standard of care Liable for dulus not culpa.

Question 16

under the pignus contract what were the duties of the pledger

Answer 16

1. First, he had to pay any expenses the pledgee incurred in relation to the holding of the thing (for example, vet bills for a horse).
2. Second, he had to compensate the pledgee for any damage caused by the thing pledged.
3. Third, he had to pay damages if he had pledged something which did not, in fact, belong to him, thus reducing the creditor’s capacity to recover the sum loaned. This applied whether or not the debtor knew of the defect or not (see W. W. Buckland, A Textbook of Roman Law (3rd edn., 1963, rev. Peter Stein) p.476).

Question 17

under the contract of pignus what were the duties the pledgee

Answer 17

e (i.e. the creditor) had to do several things.

4. First, once the debt was paid off he had to restore the thing pledged.
5. Second, if the thing pledged was sold, once the sum loaned was paid off he had to restore any surplus to the pledger (i.e. the debtor).
6. Third, he was not allowed to use the thing unless expressly permitted to do so by the contract.
7. Fourth, he was liable for culpa levis.
8. Fifth, he had to the right to any fruits of the property, but he had to set these off against interest payable on the loan and then against the capital sum loaned in the first place.