Metzger, E. (2006) The buyer who wants to pay more. Roman Legal Tradition, 3, pp. 115-122.
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Abstract
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. |
| Status: | Published |
| Refereed: | Yes |
| 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 |
| ISSN: | 1551-1375 |
| 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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