Questions1. Tony Soprano and Don Corleone form a benevolent partnership known as Caedes Incorporata to sell protection to small businessmen. Soprano contributes no money but he manages the business and receives 1/3 of the profits. But when Soprano meets a beautiful young heiress, Carmela, he lets business slide badly. He neglects to collect the premiums on time and, under the influence of Carmela, he even reduces the policy payments of several shop owners. Can his partner, Don Corleone, sue him on an actio pro socio. Corleone decided not to press his suit, but he was still annoyed. One day Soprano died, struck down in a ride-by javelin throw from a speeding chariot. His son and heir, Piccolo Soprano, succeeded to his father’s share of the business and carried on with Corleone. Unfortunately, one day Al Capone walked into their office and demanded 110% of their profits. They had no choice but to pay up. Corleone insisted that they should each pay half, but Piccolo Soprano objected: who was right? So they shot each other. Who inherited the office furniture? 2. John gives Paul a mandate to pay George $50 in repayment of a debt due that day. Paul, however, wrongly gives the money to another person, Ringo, in the mistaken belief that he is George. Ringo uses the money to buy a pair of sandals from a cobbler, Mick Jagger. Who sues whom for what? 3. Manius had 10 bottles of wine which he delivered to Marius on the agreement that Marius should either sell them for $12 each and pay Manius $100 within a month or return the bottles to him. What kind of contract is this? 4. Caesar and Cicero made a contract whereby Caesar lent Cicero a large sum of money for use in his banking business. Attached to this contract was a pact whereby they agreed that Cicero would pay Caesar 8% interest plus 1/4 of whatever profits the money returned. Cicero’s ventures were successful and he returned the original sum to Caesar but he refused to hand over either the interest or a share of the profits. Was he right? 5. While walking in the country one day, Gaius passed the house owned by his old friend Marcus, who was away on holiday. He was shocked to discover that the house was in imminent danger of collapse, so he called in a local contractor to shore it up immediately. Marcus returned from vacation and claimed that he had abandoned the house. Did he have to pay? Say instead that Marcus had previously sold the house to Lucius: did either of them have to pay? Or say instead that when Gaius came along and found the house in trouble he thought Marcus was dead and he remembered that Marcus had said that he would leave the house to Gaius in his will. Can Gaius collect when Marcus turns up? 6. Shipowner A asks his captain B to purchase flour from C for shipping to Rome. The flour is found to have worms in it although C has guaranteed its purity. B, who has eaten bread made from the flour, contracts worms and dies. A sues C for breach of contract and fraud. Does he win? b. Say instead that Captain B went down with his ship. Merchant A, whose cargo was lost, sued the ship’s owner C. Did he win? 7. A, who resides in Rome, appoints B manager of his fruit farm in Sicily. At the end of the season B sells the fruit crop at a handsome profit. B now orders new equipment for the farm from C, buys an amphora of wine from D for his own use and gambles away most of the money. Advise C and D who remain unpaid. 8. A had some spare cash, but was uncertain what to do with it, whether to invest it in a trading venture or in land. His friend B told him to put it in a shipping venture and in gratitude A promised to pay B an honorarium. Unfortunately the ship he invested in sank with all its cargo. A then sued B for indemnity, B counter-sued for the honorarium. Advise. 9. Anything wrong with these stipulations? a. Do you promise that C will pay $10? b. Do you promise to give me and X $10? c. Do you promise to give me or X $10? d. Do you promise to give X $10? e. Do you promise to give me $10 in your will? f. Do you promise to give me the dead slave Marcipor?
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