Roman Law Moot Case II

YEAR: 102 AD

FACTS

1. Caius is a renowned merchant in Rome. He distributes fine textiles that he acquires from his numerous trips all over the world. He departed for the East and left his most precious silk tunic to Brutus for safekeeping during the time that he was absent. Caius tells Brutus to put the tunic in his own wardrobe instead of in a goods deposit, in order to avoid moth bites. Brutus, however, left the tunic in his garage, where he had other valuable goods, like his Chariot, his horse and his ceramic pots.






2. Before the arrival of Caius in Rome, the rains hit the city so mercilessly that most houses lost their roof. Brutus’ garage also suffered damage as a result of the rains. Everything in the garage was lost or irreparably damaged, except for Caius’ silk tunic which was only partially stained.






3. Caius is very angry because his precious tunic has a horrible stain and wants to sue Brutus for full compensation. Brutus is scared and he offers to buy the tunic at the price of the normal markets on the day that Caius arrived back to Rome. Caius, in the middle of the discussion agrees, but then, in a rapt of anger, he leaves the place and the exchange never takes place.

COURSES OF ACTION

1. You are approached by Caius to obtain damages from breach of the duties contained in the Contract of Deposit. PLAINTIFF 1


2. Brutus approaches you to be defended regarding the Deposit Contract claim of Caius. DEFENDANT 1


3. Caius decides to enforce the contract of Sale perfected between Caius and Brutus.PLAINTIFF 2


4. Brutus does not want to buy the tunic anymore, and he alleges that he was acting under pressure for the aggressive threats of legal action from Caius, but that his intimate intention never was to buy the tunic. DEFENDANT 2



ROMAN LAW MOOT II

ROMAN LAW MOOT II- OBLIGATIONS

OBJECTIVE

This activity aims to develop key skills for legal practice amongst the first-year students, whilst opening a much needed space for an intellectually stimulating extra-curricular environment by facilitating the active involvement and serious engagement from the students to their legal studies, starting at the first stage of their careers.
Also, this exercise is a vehicle for promoting an investigative attitude; a tool for social integration, communication and peer support by revising important notions originated in Roman Law which will be useful for the Property, Contract and Delict in the South African legal context.
The introduction of the first- and second-year students to argumentation, public speaking, and case analysis will be encouraged in a friendly atmosphere which will provide participants with an individual assessment of their strengths and weaknesses in the skills required and the concepts encountered.

MOOT SCHEDULE

- 26th August 2011: Moot Manual Handout

- 1st September: Electronic handout of Moot principles, Samples of Heads of Arguments and initial assignment of cases. (Moodle, e.mail to participants, http://www.bonietaequiars.blogspot.com/). Handout of cases.

- 8th September: Moot practice. Venue to be confirmed
- 23rd September: Moot Competition. The teams will be divided into groups. They shall present their cases simultaneously in adjacent venues. From 2Pm to 5PM

A prize-giving will take place half an hour after completion of the moots, time during which the participants and guests are invited for refreshments.

MOOT STRUCTURE

- Each team will receive a case and the party they will be representing. They have 4 minutes to present their arguments in the form of actio-replicatio-duplicatio. Thus, a case must be presented and argued completely in 12 minutes

- Each venue shall have at least three judges from the Law School and/or the legal practice. The configuration of the juries is still to be confirmed.

- Prizes shall be sponsored by a recognized practice of law, to be confirmed.

- Each venue shall have a volunteer time keeper, ideally from the group of tutors of the subject.

- All participants shall be provided with detailed feedback on their performance. This will be delivered electronically to their registered email addresses by the activity coordinator.

- Photographs shall be taken by a Law School senior student who has kindly volunteered to contribute to this event with his participation.

- The law school will be asked to support this activity by authorizing the stationary and catering requisition.



SERVITUDES - OVERVIEW

SERVITUDES

- It is a right on the property of somebody else. It has been called burdens of ownership or fractions of ownership vested in someone different than the owner.


- The beneficiary in the case of praedial servitudes is called the DOMINANT land. The property that has been burdened with servitude is called the SERVIENT land.


- It is considered res mancipi: due to its nature it requires the expression of the will of the owner of the servient land. In order to give publicity to the burden placed on the land, the transmission of ownership must be done through the ceremony of the Mancipatio.

- There are two kinds of servitudes: Praedial and Personal. They are different in that the praedial servitudes benefit a specific property regardless of who owns it, whereas the personal servitudes benefit a particular person.

Principles of Servitudes

- Iura in re aliena: rights over things of others.


- Nemini res sua servit: nobody can have a servitude on a property of their own


- Servitus in facendo consistere nequit: NO POSITIVE obligation may be imposed on the owner of the servient property. A servitude creates a generic duty of abstention. EXCEPT in the case of servitus oneris ferendi: urban servitude that occurs when an urban structure is supporting another one. The owner of the servient land or structure the wall or supporting structure in good condition


- Quotiens servitus nec hominum nec praediourum interest non valet: Servitudes need to be useful for the dominant land. It must be functionally necessary for the land and not just for the pleasure of the owner.

PRAEDIAL SERVITUDES Also called “real” servitude.


There must be a DOMINANT land, and a SERVIENT land. The DOMINANT land is the beneficiary of the praedial servitude. They can be Urban or Rustic


Rustic Servitudes


- Iter: right to pass through somebody else’s property


- Actus: right to pass with animals and work instruments


- Acquaeductus: right to pass water from one property to another.


- Acquaehustus: right to obtain water from the servient’s boreholes


- Servitus Pasciendi: right to let the cattle roam and feed on the grass of the servient land


- Creta Eximendae: right of extracting clay from the servient property


- Calcis Coquendae: right to extract and cook limestone


- Lapidis Eximendae: right to extract stones


- Harenae Fodiendae: right to extract sand


Urban Servitude


- Oneris Ferendi: the wall or pillar of one house is bound to sustain the weight of the buildings of the neighbour.


Rustic and Urban

- Stillicidiorum: Water Evacuation (rain water)


- Cloacae: for sewage purposes, the property that is located higher can evacuate sewage through the property located lower There were four kinds of personal servitudes

PERSONAL SERVITUDES

USUFRUCT


USUS


EMPHYTEUSIS


HABITATIO


When there is a personal servitude there is always a servient thing BUT NOT a dominant thing. The personal servitudes vest in a PERSON and the objects of personal servitudes are not restricted to land/ real estate like the praedial servitudes are