Mandate

Question 1

principal’s obligation to reimburse the mandatary

Answer 1

The principal must reimburse the mandatary for the mandatary’s expenses and charges, any loss the mandatary sustained without fault, and any remuneration to which the mandatary is entitled.

Question 2

Mandate is

Answer 2

a version of representation where PRINCIPAL bestows authority upon MANDATARY or AGENT in order to act on his behalf

Question 3

form requirements for mandate?

Answer 3

none

Question 4

general grant of mandate excludes authority to do

Answer 4

alienate, encumber, acquiring or leasing property (of all kinds) belonging to the principal
making an inter vivos donation
accepting or renouncing a succession
acknowledging a debt or contracting a loan
becoming a surety
making or endorsing a promissory note or other loan contract
entering into a compromise
agreeing to arbitration
make healthcare decisions on behalf of principal

Question 5

Mandatory liability and duties:

Answer 5

owe the duty to act prudently and diligently to the principal
if mandatary cannot perform his duties AND cannot get in touch with principal — can appoint substitute. original mandatary can still face liability if that second mandatary violates duty
if mandatary exceeds authority, will face liability to principal
judge can reduce liability if mandatary contract was gratuitous

Question 6

if mandatary exceeds authority, contract still good if

Answer 6

if principal subsequently ratifies the act OR

if the act creates an advantage for the principal

Question 7

if a person believes that mandatary not performing duties

Answer 7

then if  they belong to a class relating to principal (child, parents, spouse)
mandatary can be haled into court to explain action 
if principal thinks mandatary is behaving fine, then can rebut this action 
but if court finds that mandatary is acting fraudulently, with undue influence, or if principal doesnt understand —> can terminate mandate contract

Question 8

Principal’s duties:

Answer 8

if mandatary properly binds a principal, then bound to perform
continues after principal terminates mandatary contract, until mandatary learns of termination

principal obligated to reimburse the mandate for:
costs and expenses incurred in course of duties
reasonable compensation
indemnification for any loss occurred by mandate, as long as loss not caused by fault or negligence of mandatary

Question 9

if third party knows (1) that they are dealing with mandatary AND (2) knows who principal is AND (3) knows that action the mandatary is entering into is within scope of authority

Answer 9

then only principal bound, no personal liability to mandatary

Question 10

if third party knows (1) that they are dealing with mandatary BUT (2) doesnt know who the principal is

Answer 10

then mandatary personally bound until principal’s identify is disclosed

Question 11

if third party (1) doesnt know that they are dealing with mandatary

Answer 11

then mandatary is bound to that third person, period

Question 12

if third person enters into contract with mandatary, and that obligation is beyond the scope of mandatary’s authority then:

Answer 12

(1) if third person knows that the action is beyond the scope of mandatary’s authority, then despite knowing about the mandate contract and the principal, then the mandatary is not bound personally : the obligation is as if it did not exist

Question 13

putative mandate:

Answer 13

same as apparent authority
if principal does something to make third parties believe that a non-mandatary is his mandatary, then i will be bound by putative mandatary’s contracting on my behalf

Question 14

Terminating mandate:

Answer 14

if either mandatary or principal dies, then mandate terminates

if mandatary is interdicted or iif curator is qualified for the principal, then mandate ends

if either mandatary or principal gives notice to the other (no form requirements), then mandate terminates
note: principal will be bound after he terminates mandate relationship until mandatary receives the notice

if principal is interdicted, then mandatary cannot terminate relationship on notice until:
gives notice to another mandatary
a successor mandatary
or a person with a sufficient interest in the well being of the principal

Question 15

Continuation of Mandate despite Termination:

Answer 15

third parties who are authorized to contract with mandatary can still bind the principal until they receive notice of termination of mandate / actual knowledge
if mandate terminates due to principal’s death, then mandatary can continue with her work, if ceasing the work would injure the principal’s interests
if the contract of mandate had been recorded, then any revocation or change in that contract must also be recorded in order to affect third parties

Question 16

Management of affairs:

Answer 16

where
someone who doesnt have authority to do so,
acts as if he had authority
because he believes he is acting to protect that other person’s interests
and he has reasonable belief that if that person knew, he would give authority

Question 17

duties of manager:

Answer 17

must act as prudent administrator
liable for any loss as a result of not acting as prudent administrator

duties of principal to manager
duty to perform obligations manager entered into
duty to reimburse manager for all necessary and useful expenses