Verbal Contracts and Literal Contracts

Question 1

what is justinians definition of a verbal obligation

Answer 1

“a verbal obligation is contracted by question and answer, when we stipulate for something to be given to us or done for us”.

Question 2

what is the original form of verbal contract

Answer 2

stipulatio

Question 3

what are the formal requirements of stipulatio

Answer 3

1. Nonetheless, words still had to be used in order for the stipulation – the verbal contract – to be created.
2. Furthermore, the parties both had to be physically present in order to make a binding stipulatio.

Question 4

what is meant by a privity contract

Answer 4

the contract gives rights to and imposes obligations on the parties to the contract alone.

Question 5

what are conditions of contract

Answer 5

obligation will only take effect i the condition is satisfied