Emptio Venditio

Question 1

Who bears the risk once contract made?

Answer 1

• Purchaser stands to accept risk as well as to make gain

Question 2

Contributions of Nicholas to Emptitio venditio

Answer 2

• As long as seller looked after w/ due care, could claim price no matter what happened to the res
• More tolerable as buyer had claim against any 3rd party who’d caused damage to it
• Thing must exist at time of agreement;be @ last semi-specific
• Sale of expectation (emptio rei sperate) Low risk, low reward
• Sale of expected thing (Emptio spei) High risk, high reward

Question 3

Investigating the price in the emptio venditio

Answer 3

• Must be seriously intended and not merely mask a gift
• Classical law didn’t conder adequacy of price
• Late law: Principle of laesio enormis extended to land 1/2 real value

Question 4

What if seller is not in fact the owner?

Answer 4

• GF = Required to abstain from bad faith and maintain the buyer in undisturbed possession till owner via. usucapion
• BF= Buyer has remedy on this ground

Question 5

Aedilician edict & defects

Answer 5

• Seller of slaves and animals required to state defects
• Defect within 6 months: Actio Redhibitoria, claim for reversal of sale
• Defect within 12 months: Actio qunati minoris, claim difference in price paid and actual value
• Strict liability for seller
• J. extended to cover everything

Question 6

Buyer’s duty after agreement

Answer 6

Pay price and compensation for any expenses between contract and conveyance

Question 7

Jolowicz and Nicholas contribution to Emptio Venditio

Answer 7

• Seller’s duty to deliver and protect not ownership but possession
• Allowed sale of res mancipi to peregrines
• Mancipatio protected for seller via actio auctoratatis

Question 8

De Zulueta contribution to emptio venditio

Answer 8

• Arra used to give evidence to sale, hard otherwise
• Once given, buyer may withdraw on pain on losing the arra
• Applied only to literal contracts