Because of the traditional reluctance of the Roman elite to engage personally in profit-oriented economic activities other than agriculture (Cic., Off. 1.151), entrepreneurs of all kinds formed a distinctive social class and would tend to act as non-advertised agents for those who may have had the needs, the means, and the willingness to operate businesses on a larger scale than the individual, subsistence-level enterprise. However, the concept of agency was foreign to Roman law, because acting on behalf and in the name of someone else smacked of magic. Consequently, agents were, at least originally, legally dependents, as slaves or sons and daughters in power, whose lack of legal personality enabled them to better their principal’s economic condition and eventually to engage both their delictual and contractual liability, under certain circumstances. The key to such a legal arrangement was the formal appointment (praepositio) of business managers (institores).Less
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