HIST-1107EL Study Guide - Quiz Guide: Baldus De Ubaldis, Pacta Sunt Servanda, Stipulatio
15 Dec 2020
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Hugo grotius: one of the most important natural law writers; he was influenced by theologians from the 16th century and the middle ages, moral theologians their concern was to give moral norms. These norms were applied in forum conscientiae/forum internum whether one has sinned and whether these sins could be absolved: thomas aquinas writes about binding vows to god. Three stages: the deliberation whether one should make a vow (deliberatio), the excersise of free will to make a vow (propositum voluntatis), the vow (promissio) Under new circumstances, it is unlawful to hold somebody bound by a promise. Error in contractual theory: cotton ex peerless. The parties were mistaken about in which ship the cotton arrives. The court took subjective approach to the formation of contract (consensus ad idem). Error must relate to the essential characteristic: the will theory is tempered by the doctrine of assent by estoppel, declaration theory: law shouldn"t go insude people"s heads (mitigated by iustus error)
