Chapter 9 Multiple choice questions

. The legal effect of an obligation in Roman law were:

that it only created a duty on the part of the person incurring the obligation.

that it only created a right in the other party to enforce the duty with a legal action.

that it created both a duty on the part of the person incurring the obligation and a right in the other party to enforce the duty with a legal action.

that it created a legal relationship that could be enforced against any third party.

. Natural obligations were:

agreements that were legally enforceable under the ius civile.

agreements that were legally enforceable under the ius honorarium.

agreements that were legally unenforceable and which had no legal consequences.

agreements that were legally unenforceable, but which could have certain legal consequences.

. Mistake regarding the quality of the subject matter of the contract (error in substantia):

was fatal to all types of contract.

could be fatal to bonae fidei contracts provided the mistake was fundamental.

had no impact upon contracts in general.

was fatal only to stricti iuris contracts.

. Duress:

had the same effect on all types of contract in Roman law.

invalidated all bonae fidei contracts.

invalidated all stricti iuris contracts.

did not necessarily invalidate bonae fidei contracts.

. In the contract of sale, the price:

had to consist of money according to the Sabinians.

need not consist of money according to the Proculians.

had to consist entirely of money.

could consist predominantly of money and partly in the performance of a service.

. The legal duties of the seller did not include:

care of the object of sale before delivery.

payment of the price.

a warranty against latent defects.

a warranty against eviction.

. Pacta by which the seller could vary the legal effect of the contract of sale did not include:

the right to withdraw from the sale.

the right to accept a better offer within a certain amount of time.

the right to buy back the object of sale if sold in future.

the right to reject the object of sale if it were found to be unsatisfactory after a period of time.

. In the contract for the hire of services (locatio conductio operarum):

there were no restrictions on the type of services that could be hired.

all tasks performed by slaves were excluded.

liberal pursuits were excluded.

all of the above.

. In locatio conductio rei, if the landlord, as owner of the property, decided to sell the object of lease before the tenant's term of lease had expired:

the sale automatically terminated the existing lease.

the sale did not necessarily terminate the existing lease.

the tenant, if evicted by the new owner, had no legal remedy against their landlord as previous owner of the leased property.

none of the above.

. The agreement to place cargo, belonging to A, for carriage on a ship, belonging to B:

could constitute locatio conductio operarum.

entailed that in the event that specific cargo had to be jettisoned in case of an emergency, the owner of the specific cargo bore the resulting loss.

entailed that the owner of cargo jettisoned in an emergency could sue the captain with the action on lease who in turn could recover his loss proportionately from the other owners of cargo not jettisoned.

none of the above.

. In the contract of mandate (mandatum):

the mandator was legally bound to remunerate the promisor for services rendered.

the promise to render services had to be gratuitous in principle, but the parties could informally agree on the payment of a honorarium.

the promise to render services had to be entirely gratuitous without any possibility of remuneration.

included any type of service, irrespective of its legality or morality.

. The essential requirements for the creation of a partnership included:

an agreement to enter into any kind of venture, provided that it was physically possible, lawful, moral and compatible with good faith.

an agreement that only certain partners would contribute their time or assets to the common venture.

an agreement that only certain partners would share in any losses generated from the pursuit of the common venture.

an agreement that certain partners would be entitled to introduce new partners into the partnership without the consent of the existing partners.

. The formal requirements for a stipulatio provided that:

the promisor could convey his assent to the promisee's question without the need for a verbal answer.

question and answer did not have to form a single continuous transaction.

question and answer had to be supported by documentary record even in archaic Roman law.

there had to be congruence between question and answer.

. Adstipulatio:

was the process whereby an obligation was terminated and replaced by a new one created by way of stipulation.

was an undertaking to pay the debt of the principal debtor if he failed to pay.

was the focus of Chapter 3 of the Lex Aquilia.

was a form of surety whereby a debt already owed to one creditor was promised to another creditor.

. Mutuum:

was a bilateral, bonae fidei contract.

was a unilateral, stricti iuris contract consisting of a loan for use.

was a unilateral, stricti iuris contract consisting of a loan for consumption.

placed the borrower under duty to restore the thing itself.

. In the contract of depositum:

immovable property was transferred to another for safekeeping.

movable property was transferred to another for safekeeping.

the transferee did not acquire ownership of the object transferred to him for safekeeping.

the parties had to agree on the remuneration of the transferee.

. In fiducia, an early form of real security:

possession of an object was given by the borrower to the lender as security for the fulfilment of an obligation.

the object given as security could be transferred by way of tradition.

the object could be given security for the fulfilment of a number of obligations.

ownership of an object was transferred by the borrower to the lender as security for the fulfilment of an obligation.

. In negotiorum gestio (conducting of another's affairs without their authorisation), the gestor, in order to qualify for remuneration, must have acted:

in a manner that seemed objectively useful at the time.

in an unreasonable manner.

in his own interest.

without the expectation of reimbursement.

. To succeed with the condictio indebiti, the plaintiff had to show:

that he had made a transfer or payment that was owed.

that he had made a transfer or payment thinking that it was owed, but which was in fact not owed.

that the transfer or payment was in his interest even though it may have been in bad faith.

that the transfer or payment was in his interest even though it may have been illegal or immoral.

. The category of innominate contracts did not include:

the compromise of a legal action (transactio).

the conditional sale or return (aestimatum).

exchange or barter (permutatio).

pledge (pignus).

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