Stipulatio Flashcards
1
Q
Need for form
A
- Needed Q&A from a set list of words provided by G.
- Constitution of Emperor Leo disputed as to effect on form (RICCOBONO: Removed need for Q&A; NICH: Q&A still required but list now not strict)
2
Q
Nicholas view on form
A
Classical law
- Q&A not strict
- Promissory verb must be the same
- Must be spoken
- The answer must follow Q. immediately
- Both parties present throughout
3
Q
Watson’s view on stipulatio
A
In early law Stipulatio used widely for many purposes that until other contracts arose, could be said that Romans had a law of contracts
4
Q
Degeneration of the stipulatio
A
- Thought that by 212 AD where most acts written in vulgar law the stipulatio followed suit
- Until J. thought needed to prove parties not met
- J. made more rigorous by requiring the claimant to prove one party had been in a different township for the entire day in question
5
Q
Buckland’s addition to the stipulatio
A
Conditional acceptance void, as one which introduced new terms
6
Q
Exception to Buckland’s rule
A
Both G. & J. agree = No contract if one 10 and other 5. Though digest said valid for the common smaller amount
7
Q
Stipulatio remedies
A
- ‘Condictio certae pecunaie creditae’ for money
- ‘Condictio certae res’ for a specific thing
- ‘Actio ex stipulatu’ for an uncertain thing
