The agreement between fujitsu and schenker is based on the principles of a roman law contract of letting and hiring. which type of contract of letting and hiring most closely resembles the fundamental principles of the agreement between the parties in this instance?
Question: The agreement between fujitsu and schenker is based on the principles of a roman law contract of letting and hiring. which type of contract of letting and hiring most closely resembles the fundamental principles of the agreement between the parties in this instance?
The type of contract of letting and hiring that most closely resembles the fundamental principles of the agreement between Fujitsu and Schenker is the locatio conductio operarum contract.
Locatio conductio operarum is a Roman law contract in which one party (the locator) agrees to provide services to another party (the conductor) in exchange for payment. The locator must provide the services with reasonable skill and care, and the conductor must pay the locator the agreed-upon price.
In the case of Fujitsu and Schenker, Fujitsu is likely the locator and Schenker is likely the conductor. Fujitsu is providing services to Schenker in the form of the use of its equipment and facilities. Schenker is paying Fujitsu for these services.
The locatio conductio operarum contract is similar to the modern-day contract for services. However, there are some key differences. For example, in a locatio conductio operarum contract, the locator is typically more independent than a contractor in a modern-day contract for services. The locator is also typically responsible for providing the tools and materials necessary to perform the services.
Here is a table that compares the locatio conductio operarum contract with the modern-day contract for services:
Characteristic | Locatio conductio operarum | Contract for services |
---|---|---|
Parties | Locator, conductor | Contractor, client |
Services | Locator provides services to conductor | Contractor provides services to client |
Payment | Conductor pays locator the agreed-upon price | Client pays contractor the agreed-upon price |
Locator's independence | Locator is typically more independent | Contractor is typically less independent |
Locator's responsibility for tools and materials | Locator is typically responsible for providing the tools and materials necessary to perform the services | Contractor is typically responsible for providing the tools and materials necessary to perform the services |
Overall, the locatio conductio operarum contract is the type of contract of letting and hiring that most closely resembles the fundamental principles of the agreement between Fujitsu and Schenker.
Comments
Post a Comment
let's start discussion