WARNING:
JavaScript is turned OFF. None of the links on this concept map will
work until it is reactivated.
If you need help turning JavaScript On, click here.
This Concept Map, created with IHMC CmapTools, has information related to: 06 Consequences, Conditional sale: split or double risk rule and Alternative sale where seller hasn't yet made choice, Mora is a form of breach of contract that affected risk and duty of care where If seller in mora debitoris because of failure to deliver merx then bore risk even if already perfecta and liable, Risk rule: risk passes to buyer when perfecta and then liable and Justification of risk rule lies in economic interest structure, as per Zimmermann, 1) Merx certain where Alternative sale: valid, but imperfecta until seller indicates which alt to deliver, Any fruits and accretions (eg foal) must then go to buyer where Perfecta means there's nothing outstanding except for performance ie merx and price certain and no outstanding suspensive conditions, Risk rule: risk passes to buyer when perfecta and then liable so If thing destroyed or deteriorated as a result of vis maior and risk has passed, buyer will have to pay purchase full price, 2) Price certain where Sale at mensuram: only perfecta when merx is weighed, counted or measured bc only then can exact price be determined, but still valid, 1) Conclusion of sale (consensus) and 2) Passing of risk, EMPTIO VENDITIO: CONSEQUENCES with Risk rule: risk passes to buyer when perfecta and then liable, Sale at mensuram: only perfecta when merx is weighed, counted or measured bc only then can exact price be determined, but still valid and If price determination by 3rd party (named in contract), only perfecta when 3rd party determined the price, Risks and benefits pass at the same time so Any fruits and accretions (eg foal) must then go to buyer, Slave dies then buyer doesn't pay, but, if slave ill, then buyer must pay full price where Party with risk of destruction of the merx is entitled to fruits & accretions, EMPTIO VENDITIO: CONSEQUENCES with Passing of ownership, Seller only had to guarantee against eviction & not that he's owner of merx and Seller could not transfer ownership to a bona fide buyer if not himself owner of the merx, If price determination by 3rd party (named in contract), only perfecta when 3rd party determined the price and 3) No unfulfilled suspensive conditions, Ownership didn't pass to buyer on grounds of contract, but definite act of transfer so Mancipatio (res mancipi) and traditio (res nec mancipi), If seller in mora debitoris because of failure to deliver merx then bore risk even if already perfecta and liable and If buyer in mora creditoris because of failure to take delivery, seller's duty of care lowered to dolus, Mancipatio (res mancipi) and traditio (res nec mancipi) where Pomponius and Justinian added another requirement: ownership doesn't pass unless price paid, security provided or credit granted, Seller could not transfer ownership to a bona fide buyer if not himself owner of the merx and Buyer could, in certain circumstances, acquire ownership of the merx through usucapio, EMPTIO VENDITIO: CONSEQUENCES with stages of 1) Conclusion of sale (consensus)