Also known as: spondesne · spondeo · stipulatio · stipulation
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase in Roman law by which one citizen formally asked whether another would undertake an obligation and received an affirmative response. The exchange created a sponsio or stipulatio that bound the parties under formal verbal contract.
Sarah Sullivan faced a felon-in-possession charge and offered to stipulate to her status as a felon. The prosecutor declined and sought to introduce the full record of her earlier conviction. The court weighed the probative value against the risk of unfair prejudice before deciding whether the detailed evidence could reach the jury.
Sydney Santos sued a New York museum in federal court for damage to a painting. The parties executed a stipulation fixing New York law as the governing standard for damage calculations. The court applied that stipulation when reviewing the jury award under state excessiveness standards.
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Spencer Silver filed for divorce in Iowa after living there only six weeks. His spouse stipulated that the couple had not met the one-year residency requirement. The court accepted the stipulation and dismissed the action for lack of jurisdiction.
Selena Singh purchased a cruise ticket containing a clause requiring all disputes to be litigated in Florida. She later sued in Washington state court. The court enforced the stipulation as a valid forum-selection agreement between the parties.
Sylvia Santos owned an apartment building. The cable company installed equipment on the roof without permission. The parties later stipulated that the installation constituted a permanent physical occupation. The court treated the stipulation as establishing a taking under the Fifth Amendment.
Samantha Stone bought a new car whose purchase order contained a clause disclaiming all implied warranties. After the vehicle proved defective she sued the dealer. The court examined whether the stipulation in the contract validly excluded the implied warranty of merchantability.
The phrase translates as Do you agree to undertake? followed by the response I undertake. It formed the verbal exchange that created a binding sponsio under Roman law.
Only Roman citizens could employ the phrase. Non-citizens lacked capacity to create a sponsio through this formal verbal contract.
The exchange created an enforceable stipulatio that bound the promisor to perform the stated obligation. Breach exposed the promisor to an action for damages under Roman law.
The phrase supplied the historical root for the concept of stipulation as a binding agreement. Modern procedural rules still recognize stipulations as party agreements that courts will enforce when properly made.
…is not an employer and does not furnish employment within the meaning of the statute. The motion was heard on evidence and a stipulation of facts by the appeal tribunal which denied the motion and ruled that appellee Commissioner was entitled to recover the unpaid contributions. That action was affirmed by the Commissioner;…