chapter 5 reading Flashcards
mandate
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
can a verbal agreement be sufficient to make a mandate=?
ye
express acceptance
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
gratuitous mandate
mandatary receives no compensation
onerous mandate
mandatary receives compensation
the scope of a mandatary’s tasks
should be the same of the mandator
obligations of the agent towards the mandator
prudence and diligence
honesty and faithfulness
subsiititute mandatary
double mandate
confidential information and property
mandatary as contracting party
prudence and diligence
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
honesty and faithfulness
agent should always have mandatory’s interests in mind and ahead of own
subsiititute mandatary
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
double mandate
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
confidential information and property
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
mandatary as contracting party
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
obligations of the mandator towards the agent
expenses and remuneration
ratification
expenses and remuneration
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
ratification
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
when can acts in which agent breaches limits set under mandate be ratified?
- mandator chooses to ratify said actions
- agent was unaware mandate had ended
- the action has been perfumed more advantageously for mandator
obligations of agent towards third party
personal liability
exceeding the mandate
concealing the name of the mandator
personal liability
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
exceeding the mandate
if exceeding mandate, agent is personally liable to third party
when can an agent exceed mandate and not be personally liable to third party?
the third party was sufficiently aware of mandate
mandator ratifies the actions in question
concealing the name of the mandator
mandators can sometimes choose not to have their name revealed
–> gif this happens, agent is personally liable to the third party
obligations of mandator towards third person
liability for acts of the mandatary
apparent mandate
vicarious liability
liability for acts of the mandatary
mandator is liable for the acts perfumed by the agent within the limits of the mandate or if the acts or ratified by mandator
when does an apparent mandate occur
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
vicarious liability
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
termination of mandate
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
