The buyer who wants to pay more

Metzger, E. (2006) The buyer who wants to pay more. Roman Legal Tradition, 3, pp. 115-122.

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In Roman law, a valid contract of sale required the parties to agree on a certain price. Some modern works nevertheless accept that the law ignored a certain species of error: the buyer is willing to pay more than the seller expects to receive, and a valid contract of sale is formed on the lower price. This supposed exception is based, not any text on sale, but on a single text on contracts of hire, Digest 19.2.52. This text suggests that, in some cases, a contract of hire might arise where the tenant believes he is paying a higher rent than the lessor believes. This text, however, turns on certain misunderstandings that would arise only in hire (e.g., a misunderstanding over the term of the lease). It therefore gives no guidance on whether a buyer who is willing to pay a higher sale price is treated like the analogous tenant.

Item Type:Articles
Keywords:Roman law, emptio venditio, locatio conductio, consensus.
Glasgow Author(s) Enlighten ID:Metzger, Professor Ernest
Authors: Metzger, E.
Subjects:K Law > K Law (General)
College/School:College of Social Sciences > School of Law
Journal Name:Roman Legal Tradition
Publisher:University of Kansas School of Law
Copyright Holders:Copyright © 2006 The Author
First Published:First published in Roman Legal Tradition 3:115-122
Publisher Policy:Reproduced with permission of the author

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