dating george eads - Order mandating

First, that there should exist something which should be the matter of the contract; secondly, that it should be done gratuitously; and thirdly, that the parties. From the very term of the definition, three things are necessary to create a mandate.

A judicial command, order, or precept, written or oral, from a court; a direction that a court has the authority to give and an individual is bound to obey. Chancellor Kent defines it to be when one undertakes, without recompense, to do some act for the other in respect to the thing bailed.

A mandate might be issued upon the decision of an appeal, which directs that a particular action be taken, or upon a disposition made of a case by an inferior tribunal.

So, the authority given by a principal to his agent is a mandate.

A mandate is commonly revocable until acted upon and is terminated by the death of the mandator.

But although an unexecuted mandate ceases with the death of the mandator, yet, if it be executed in part at that time, it is binding to that extent, and his representatives must indemnify the mandatory.

The contract of mandate may be dissolved by a change in the state of the parties; as if either party becomes insane, or, being a woman, marries before the execution of the mandate.

The term mandate is also used in reference to an act by which one individual empowers another individual to conduct transactions for an individual in that person's name.

In this sense, it is used synonymously with Power of Attorney.n. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward.

It may be dissolved by the mandatary at any time before he has entered upon its execution; but in this case, as indeed in all others, where the contract is dissolved before the act is done which the parties intended, the property bailed is to be restored to the mandator. It may be dissolved by the death of the mandatory; for, being founded in personal confidence, it is not presumed to pass to his representatives, unless there is some special stipulation to that effect.

The contract of mandate may be dissolved in various ways: 1.

To whom jurisdiction is given, those things also are held to be granted, without which the jurisdiction cannot be exercised.

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