Lack of seriousness
As in the case of error,142 this right to claim the negative interest does not have any precedent in Roman law. The basic proposition about the invalidity of the transaction, however, does.
A stipulation made by way of a joke, for teaching or for demonstration purposes, was invalid. Interesting is the reason provided for this result:"Verborum quoque obligatio constat, si inter contrahentes id agacur: nee enim si per iocem puta vel demonstrandi intellectus causa ego tibi dixero 'spondes'? et tu responderis 'spondeo', nascetur obligatio."143
What matters is quod actum est, and part and parcel of quod actum est must obviously be the intention of the parties to enter into a legally relevant relationship with each other. As one can see from the examples used, the whole problem is of a somewhat academic nature.
3.
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