Purchase of a Slave by Means of an Agent, in D. 21,1,51 pr.-1)

Even today, the issue persists whereby a purchased item is subsequently discovered to have a defect, thereby impairing its intended use. Warranty is a central institution of the law of sales, protecting the buyer’s interest in performance free from defects. In ancient Rome, warranty was originally closely linked to the contract of sale, and through centuries of development it evolved into the form that continues to serve as the basis of regulation to this day. Liability for latent physical defects first emerged in relation to the purchase of slaves and cattle. Slave traders did not have a particularly good reputation; and it was well known that they often took advantage of the buyer’s inexperience; therefore, one had to be careful when conducting business with them. The buyer could find themselves in an even more vulnerable position if they were unable to be present in person at the transaction. The texts analysed below report cases in which the slave was purchased not by the dominus himself, but by his agent. In the first case, a slave acts on behalf of the absent party, while in the second, a procurator does so. The decisions of Africanus and Julian merit consideration not only with regard to liability for latent defects, but also from the perspective of agency.