8. Sale
The consensual contract of sale (emptio venditio) was introduced by the second century BC. At the minimum, buyer and seller had to reach a specific agreement on both the object of sale and its price.
The usual terms of the contract could be modified or specified through stipulatio or pactum. In practice, the parties’ agreement was often made explicit - and strengthened - by the written record (chirographum) of what sounds like a stipulatio. The seller had to warrant his title to the object of sale and its quality (that is, lack of defects). The buyer, who originally bore all the risks of the transaction (‘caveat emptor’), came to enjoy the protection of the law enforced by the aediles, praetors, and, later on, prefects, in accordance with established standards of good faith.style='font-size:9.5pt;line-height:115%; font-family:"Arial",sans-serif'>72 The Roman law of sale, for all its sophistication and prominent importance in commercial life, was not specific to the business community.73 Other areas oflaw, such as transportation or agency, are more likely to have been the preserve of merchants.
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