chapter 5 reading

Question 1

mandate

Answer 1

a contract between two persons by which the mandator empowers the mandatary to represent him in dealings with and outside party

mandatory can act on behalf

there is two contracts

–> between mandator and mandatary

–> between mandator and third party

Question 2

can a verbal agreement be sufficient to make a mandate=?

Answer 2

ye

Question 3

express acceptance

Answer 3

when the party signs the contractual agreement when a written contract of a mandate exists

or

proving verbal agreement ion a contract of a mandate

Question 4

gratuitous mandate

Answer 4

mandatary receives no compensation

Question 5

onerous mandate

Answer 5

mandatary receives compensation

Question 6

the scope of a mandatary’s tasks

Answer 6

should be the same of the mandator

Question 7

obligations of the agent towards the mandator

Answer 7

prudence and diligence

honesty and faithfulness

subsiititute mandatary

double mandate

confidential information and property

mandatary as contracting party

Question 8

prudence and diligence

Answer 8

mandatary has a duty to act with prudence and diligence in the performance of the mandate

acting in reasonable manner

perform at best of abilities

Question 9

honesty and faithfulness

Answer 9

agent should always have mandatory’s interests in mind and ahead of own

Question 10

subsiititute mandatary

Answer 10

agent can choose another person to act on mandator’s behalf only with the latter’s approval

–> only exception is in cases of urgency

responsible for whatever the sub agent does

Question 11

double mandate

Answer 11

a situation where an agent is acting as the representative of two parties to a transaction whose interests should conflict

must let both the mandator’s of each party know

Question 12

confidential information and property

Answer 12

agent may not use for his one benefit any property or information that he receives win carrying out his mandate unless he has mandator’s permission

deals with physical property and non-physical information

Question 13

mandatary as contracting party

Answer 13

agent may not directly or indirectly become a party to the transaction that he has agreed to perform for the mandator unless the latter approves or its aware beforehand

Question 14

obligations of the mandator towards the agent

Answer 14

expenses and remuneration

ratification

Question 15

expenses and remuneration

Answer 15

mandator has an obligation to cooperate with the agent to facilitate the performance of the mandate, to reimburse reasonable expenses, and to pay the remuneration that the agent is entitle to receive

Question 16

ratification

Answer 16

mandator is liable for acts performed by the agent within the limits of the mandate

not liable for acts committed outside of mandate

ratification: acts of retroactively approving an action that has already occurred

Question 17

when can acts in which agent breaches limits set under mandate be ratified?

Answer 17

1. mandator chooses to ratify said actions
2. agent was unaware mandate had ended
3. the action has been perfumed more advantageously for mandator

Question 18

obligations of agent towards third party

Answer 18

personal liability

exceeding the mandate

concealing the name of the mandator

Question 19

personal liability

Answer 19

agent who can show that he both acted within the limits of mandate and disclosed the existence of mandate to this person is not liable to the third person with whom he interacted

–> if no disclosed or disrespected limits, the third party can sue the agent personally for performance of contract

–> third party can later sue the mandator too

Question 20

exceeding the mandate

Answer 20

if exceeding mandate, agent is personally liable to third party

Question 21

when can an agent exceed mandate and not be personally liable to third party?

Answer 21

the third party was sufficiently aware of mandate

mandator ratifies the actions in question

Question 22

concealing the name of the mandator

Answer 22

mandators can sometimes choose not to have their name revealed

–> gif this happens, agent is personally liable to the third party

Question 23

obligations of mandator towards third person

Answer 23

liability for acts of the mandatary

apparent mandate

vicarious liability

Question 24

liability for acts of the mandatary

Answer 24

mandator is liable for the acts perfumed by the agent within the limits of the mandate or if the acts or ratified by mandator

Question 25

when does an apparent mandate occur

Answer 25

when you allow it to be believed that another person s acting as your agent

when so called agent is not actually your agent

where apparent agent enters into an agreement with third party who is acting in goof faith

we are dealing in a situations where third party acted in good faith and his getting cucked

Question 26

vicarious liability

Answer 26

mandator generally responsible for the injury or damage caused by his agentt in the perfomance of the mandate

–> can contradict this if he proves he was unable to prevent injury

Question 27

termination of mandate

Answer 27

can be terminated at any time by either party

the party terminating could be liable if they do it for wanky reasons

mandates terminate upon death or bankruptcy of either party or completion of transaction