Legal Definitions - stint

Stipulatio was a fundamental type of oral contract in ancient Roman law. It was formed through a highly specific and formal question-and-answer exchange between two parties. One party would pose a precise question, and the other would immediately respond with an equally precise and conforming answer, often using the same verb. This verbal exchange, made with the clear intent to create a legal obligation, was sufficient to bind the promising party. A key characteristic was that, unlike many modern contracts, it did not require an exchange of value (known as "consideration") to be legally enforceable.

• Example 1: A Formal Promise to Deliver Goods
  • Imagine a scenario where a merchant asks a supplier, "Do you formally promise to deliver 100 bushels of wheat to my warehouse by next Friday?" The supplier immediately replies, "I formally promise."
  • Explanation: In the context of a stipulatio, this direct, verbal question and conforming answer would create a binding obligation for the supplier to deliver the wheat. The specific wording and the immediate, affirmative response are crucial elements that establish the legal commitment, even without a written document or an immediate payment.
• Example 2: A Commitment to Perform a Service
  • Consider a situation where a homeowner asks a builder, "Do you undertake to complete the roof repair by the end of the month?" The builder responds, "I undertake."
  • Explanation: This illustrates how a stipulatio could be used to formalize a commitment to perform a service. The precise question and the builder's direct, conforming verbal acceptance would create a legally enforceable duty for the builder to complete the repair, based solely on this specific oral exchange.
• Example 3: A Guarantee of Payment
  • Suppose a lender asks a guarantor, "Do you guarantee the repayment of this loan if the primary borrower defaults?" The guarantor replies, "I guarantee."
  • Explanation: This example demonstrates how a stipulatio could establish a formal guarantee. The lender's specific question and the guarantor's immediate, matching verbal affirmation would create a binding legal obligation for the guarantor to pay if the primary borrower failed to do so, highlighting the power of the precise oral agreement.