Friday, August 26, 2011

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





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