Scævola, Questions, Book I. Pomponius says that if I approve of any transaction by you, even though it was badly done, still, you will not be liable to me on the ground of business transacted. It must be taken into consideration if it is not true that, so long as it is doubtful whether I will ratify it or not, the right of action based on business transacted is in abeyance; for, when it has once accrued, how can it be annulled by the mere will alone? He holds, however, that this is only true when you are not guilty of any bad faith. And Scævola states that even if I ratified what had been done, an action on the ground of business transacted will still lie; and where it is said that you are not liable to me, this is because I cannot disapprove of what I have once agreed to; and just as anything which has been properly done must be considered by the court as ratified, so, also must whatever has been approved by the party himself. Moreover, if no action based on business transacted will lie where I have given my approval, what must be done if the other party collects money from my debtor, and I approve of it? How can I recover it? And, also, suppose he has sold property belonging to me, how then can he recover any expense which he has incurred? For, as there is no mandate, an action based on business transacted will lie, even after ratification.

Scævola, Questions, Book I. Where a husband has transacted the affairs of his wife after a divorce has taken place, her dowry can be recovered not only by an action for dowry, but also on the ground of business transacted. This is the case where the husband was able to deliver the dowry while he was attending to the business; otherwise, he cannot be made responsible, for not exacting it from himself; but after he has lost his property, a full right of action on the ground of business transacted will lie against him; although if the husband is sued in an action for dowry he must be discharged. But in this instance a limit should be fixed, so if the statement of the complaint is: “As far as he was able although he afterwards lost his property”; where he was able to pay her during that time; for he was not guilty of wrong-doing, so far as his duty was concerned, if he did not immediately sell his property in order to obtain the amount, for he must have allowed some time to pass during which he appeared not to have done anything. If, in the meantime, before he had fulfilled his duty, the property was lost, he is not liable on the ground of business transacted any more than if he had never been able to pay the money. But where the husband is able to pay, an action founded on business transacted is permitted because there is danger if he ceases to be solvent. 1I do not think that a man who transacts the business of a debtor is bound to restore to him a pledge when he still owes the money, and there is no other way in which it can be paid. 2The action for the rescission of a contract does not belong to the class of actions based on business transacted, and is barred after six months have elapsed, if the party did not find the slave among the assets of the other; or, if he did find them, did not find, and therefore did not recover, certain additional property which belonged under the head of accessions, so that the slave was less valuable, or any thing that was acquired through the slave which was not derived from the property of the purchaser; and there was not enough obtained from the business of the purchaser for the vendor to satisfy his claim. 3Moreover, if the person who is transacting the business owes his principal on some other ground, and the obligation is one of long time, and the party is wealthy, he cannot be blamed for not paying the debt; that is, provided the payment of the interest does not give rise to complaint. The rule is different in the case where a guardian is a debtor to his ward, because there the latter was interested in the payment of the former debt, as he then might bring suit for the debt on the ground of guardianship.

Scævola, Questions, Book I. For it should also be considered whether, as far as human nature can determine, it can be ascertained that the money will be due:

Scævola, Questions, Book I. What is done by the majority of an assembly is considered to be the same as if it had been done by all.