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This Concept Map, created with IHMC CmapTools, has information related to: 08 Duties of seller continued, EMPTIO VENDITIO: DUTIES OF SELLER where 3) Warrant against eviction with three actions in CL, Actio ex stipulatu based on stipulatio that merx free of certain defects or possessed specific qualities and If not true, can claim damages promised, Any non- trivial latent defect and If express warranty, then actio empti, Any non- trivial latent defect and If dictum promissumve, actio empti if dolus or breach of warranty, else aedilitian actions, Dictum promissumve: made statements of promise so NB that price increased eg slave can cook and this is untrue but If statement mere puffing (sales talk), aedilitian remedies N/A eg slave is pretty (unless can argue essential to her value), Any non- trivial latent defect and If warranty in form of stipulatio, actio ex stipulatu available, Cannot claim consequential damages & If too late for time periods of aedilitian actions, can claim what you would have, Claim interest in proper performance of contract: consequential damages eg slave cook in restaurant but If seller didn't act with dolus & no express guarantee, then claim what you would have been able to with aedilitian actions, Actio auctoritatis (res mancipi through mancipatio), actio ex stipulatu (stipulatio duplae or habere licere) and actio empti with differences 2) Actio auctoritatis and stipulatio duplae only available in case of total eviction of the merx, joint ownership share or usufruct, Aedilitian actions were Initially only for the sale of slaves and cattle on the Roman marketplace, Actio auctoritatis (res mancipi through mancipatio), actio ex stipulatu (stipulatio duplae or habere licere) and actio empti with differences 3) Actio auctoritatis and stipulatio duplae claim double the purchase price, but actio empti only had actual damage or interest in proper performance of the contract with Justinian capping it at double price, If seller didn't act with dolus & no express guarantee, then claim what you would have been able to with aedilitian actions so Cannot claim consequential damages, Actio quanti minoris: price reduction within one year for difference btwn price and value which is For less serious defects where buyer feels it's worth less, Actio empti also available where buyer became owner because of legacy or donation from rightful owner (claim price back) eg True owner lays claim to horse, but sees you're a struggling businessman and pity & donates: why should seller be entitled to money if sold res aliena and didn't make buyer owner, Available where seller fraudulently failed to declare defects or expressly warranted and Claim interest in proper performance of contract: consequential damages eg slave cook in restaurant, 1) Actio auctoritatis and stipulatio duplae only available in case of eviction as a result of successful court order/settlement out of court whereas Actio empti also available where buyer became owner because of legacy or donation from rightful owner (claim price back), If too late for time periods of aedilitian actions, can claim what you would have & Extended to private sales and other property, Something that is hidden is latent and developed out of the Old actions in terms of ius civile, Something you can see with reasonable inspection is not latent (it's patent) and Something that is hidden is latent, Actio rehibitoria: institute w/i 6 months of conclusion of the contract so buyer could rescind & claim full puchase price plus interest & all expenses in connection with the sale where Seller could recover the merx, any damage to the merx caused while in household of buyer as well as fruits and accretions