A Historical Introduction to the Law of Obligations

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But despite Ms Keely’s request, Henderson continued to use Mr Ibbotson and on one occasion asked the pilot to fly Ms Keely’s sister without the owner's knowledge. Professor Kenneth Armstong is Professor of European Law. His research focuses on European Union law and, in particular, the constitutional and institutional dimensions of EU economic and social governance. He has given expert evidence to the House of Commons Scottish Affairs Committee and the Scottish Parliament's European and External Relations Committee on the EU dimension of the referendum on Scottish Independence. He began his career in the city of San Francisco, Cordoba, where he came through the ranks of Club Escuela Proyecto Crecer, an academy aimed at giving young South Americans a route to Europe. The Piper Malibu N264DB which Emiliano Sala was on board when it crashed into the English Channel (Image: Creative Commons)

The striker moved to France in 2010 having been signed by Bordeaux and made his first team debut two years later. He was loaned out to Championnat National side US Orleans for the 2012-13 season and was later loaned out to Chamois Niortais in Ligue 2 and Caen in Ligue 1.David Ibbotson and Emiliano Sala arrive in Nantes. Ibbotson expresses some concerns with the aircraft, namely the soft brake pedal and an oil leakage. During his evidence, Mr Smith said he insisted a French mechanic should look over the plane. He added: “I cannot certify an aircraft without looking at it.” While he could not confirm the plane had been looked at, he said he was told by Mr Ibbotson the plane had been seen by a mechanic. Noteworthily, although the sources of obligations are given in the Institutes, Gaius gives nothing like a definition of obligatio . We might say that his primary reason for introducing the category of obligations into the institutional framework at this point has nothing to do with obligations themselves, but serves rather to provide a peg on which to hang the discussion of contracts and delicts .

A source from Cardiff City FC said the club “welcomed the verdict” and hoped it would “provide some closure” to the families of Emiliano Sala and David Ibbotson. The source said: “We are pleased that individuals’ responsibilities have been well established in court and Cardiff City FC’s actions have been appropriate. A lot of the misdirected allegations towards the club and suggestions of wrongdoing can end at this point.Professor Catherine Barnard is Professor of EU and Employment Law. She is an expert on European labour law and is author of the leading text on EU single market law.

Davie Henderson response to the CAA's request for interview with a statement. He denies being the operator of the flights and claims David Ibbotson had that role. Prosecutor Mr Goudie said: “We do not seek to suggest that Mr Henderson did not know what he was doing or care about safety, you will see a lot of maintenance took place on the aircraft, but that he ignored certain requirements when it suited him and his business interests.” Mr Goudie said: “You didn’t want people to speak to the press and for people to get the wrong idea but you said David Ibbotson caused the crash, you had no information at the time so you knew he was not a competent flier. Although the obligatio was at its core a relationship between two parties, as a noun it was reified so that it was seen as an asset in the hands of the beneficiary. In his Institutes, Gaius places obligationes in his list of incorporeal things, alongside inheritances, usufructs and servitudes ; something that is repeated by Justinian. An obligatio therefore had a duration; it could be said to be born and to be extinguished or brought to an end . It could endure or remain, or it could be perpetuated. If a transaction was undone so that there was restitutio in integrum, a former obligatio could be restored. When a novation occurred it could be said that the obligatio had been changed, and as a thing it could be sold or transferred. Indeed, so proprietary was the obligatio that both Ulpian and Julian say that it can be made the subject of a condictio ; where a promise had been made without a causa the promisor could bring a condictio to reclaim the obligatio itself, not the sum of money that had been promised. As a noun, obligatio has none of the imbalance of the verb , for it can refer both to the act and to the state of obliging, from both the active and passive standpoint. That said, there is probably a slant towards the passive end: it makes perfect sense to speak of a person being obliged without specifying who it is that is doing or has done the obliging , whereas we cannot so easily speak of the active party to the obligation without saying or implying who it is that is being or has been obliged. Perhaps more to the point, though, the noun carries with it a greater sense of the relationship between two persons than does the verb. It is this that accounts for its function in the institutional structure of Roman law .

Professor Lorand Bartels

Conventionis nomen generale est, ut eleganter dicat Pedius nullum esse contractum, nullam obligationem, quae non habeat in se conventionem, sive re sive verbis fiat: nam et stipulatio, quae verbis fit, nisi habeat consensum, nulla est. Professor Jorge Vinuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge. His research interests encompass domestic, comparative, European and international environmental law and policy. David Ibbotson did not have a commercial pilot’s licence and the rating he needed to fly a single-piston engine had expired in November 2018. Lawyers today rather take it for granted that there is a branch of the law called the law of obligations , including at the very least contract and tort , and that there is something called an obligation, designating the situation where one person is legally constrained to do or abstain from doing something to another. But neither of these is obvious, and it is highly likely that both are the products of Roman jurisprudence. It is true that in his treatment of justice in the Nicomachean Ethics Aristotle linked together contract and wrongdoing, the voluntary and involuntary types of sunallagmata— transactions or interactions —that might generate a requirement of corrective justice, but it goes too far to identify Aristotle’s sunallagma with the Romans’ obligatio: the former is an interaction that gives rise to corrective justice, the latter the abstract consequence of such a transaction . Professor Okeoghene Odudu is University Senior Lecturer in Law and Co-Director of CELS. His expertise lie in EU and UK competition law. He has recently completed a major research project on the application of competition law to the National Health Service in England - funded by the British Academy - and he is engaged in a long-term project seeking to examine the competition law implications of the 'Open Public Services Agenda'.