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MANDATE (Mandatum)

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Originally appearing in Volume V17, Page 559 of the 1911 Encyclopedia Britannica.
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MANDATE (Mandatum) , a See also:contract in See also:Roman See also:law constituted by one See also:person (the mandatarius) promising to do something gratuitously at the See also:request of another (the mandator), who under-takes to indemnify him against loss. The jurist distinguished the different cases of mandatum according as the See also:object of the contract was the benefit of the mandator or a third person singly, or the mandator and a third person, the mandator and the mandatarius, or the mandatarius and a third person together. When the benefit was that of the mandatarius alone, the obligations of the contract were held not to arise, although the See also:form of the contract might exist, the See also:commission being held to be merely See also:advice tendered to the mandatarius, and acted on by him at his own See also:risk. Mandatum was classified as one of the contracts established by consent of the parties alone; but, as there was really no See also:obligation of any See also:kind until the mandatarius had acted on the mandate, it has with more propriety been referred to the contracts created by the See also:supply of some fact (re). The obligations of the mandatarius under the See also:con-See also:tract were, briefly, to do what he had promised according to his instructions, observing See also:ordinary See also:diligence in taking care of any See also:property entrusted to him, and handing over to his See also:principal the results of his See also:action, including the right to See also:sue in his name. On the other See also:hand, the principal was See also:bound to recoup him his expenses and indemnify him against loss through obligations he might have incurred. The essentials and the terminology of the contract are preserved in most See also:modern systems of law. But in See also:English law mandate, under that name, can hardly be said to exist as a See also:separate form of contract. To some extent the law of mandatum corresponds partly to the law of principal and See also:agent, partly to that of principal and See also:surety." Mandate " is retained to signify the contract more generally known as gratuitous See also:bailment. It is restricted to See also:personal property, and it implies the delivery of something to the bailee, both of which conditions are unknown in the mandatum of the See also:civil law (see BAILMENT).

End of Article: MANDATE (Mandatum)

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