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JUSSU, ACTIO QUOD. A paterfamilias or a master of a slave who gave an order (jussus) authorising a contract to be entered into with his filiusfamilias or slave was made liable by this action on account of a contract thus entered into, as if he had been himself a party to it. (Dig. 15, 4, 1, pr.: “Merito ex jussu domini in solidum adversus eum judicium datur; nam quodammodo cum eo contrahitur quid jubet.” ) The order might be given directly to the other contracting party, or it might be implied by the appointment of a son or a slave to conduct a business or to enter into a particular transaction; but, to make the superior liable, the other party must have contracted with the filiusfamilias or slave as a representative. The actio quod jussu is a praetorian action, and belongs to the class of actiones adjecticiae qualitatis. (Dig. 15, 4; Gaius, 4.70; Vangerow, Pandekten, 1.240, Anm.; Windscheid, Pandekten, 2.482.) [EXERCITORIA ; INSTITORIA ACTIO.]


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