Order mandating

21-Oct-2016 07:51

order mandating-19

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As to the duties and obligations of the mandator, see Story on Bailm.

But this principally applies to cases where the mandate remains wholly unexecuted; for if it be in part executed, there may in some cases, arise a personal obligation on the part of the representatives to complete it.

"to give into one's hand," probably from manus "hand" (see manual) dare "to give" (see date (1)).

of mandare "to order, commit to one's charge," lit.

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.

See also: act, agency, article, assignment, brevet, burden, canon, charge, citation, command, decree, delegation, designation, dictate, direction, directive, edict, enactment, instruction, law, measure, mission, mittimus, monition, order, ordinance, plebiscite, precept, prescribe, proclamation, referendum, regulation, requirement, requisition, rule, statute, subpoena, summons, writ an authority given by one person to another to do certain things or take some course of action and accepted by the other.

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.

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. The contract may be varied at the pleasure of the parties.

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