Contract of mandate
Encyclopedia
Contract of mandate is a contract of bailment
of goods without reward, to be carried from place to place, or to have some act performed about them.
Three things are necessary to create a mandate. First, that there should exist something which should be the matter of the contract. Secondly, the contract should be gratuitous. Thirdly, the parties should voluntarily intend to enter into the contract.
There is no particular form or manner of entering into the contract of mandate, prescribed either by the common law
, or by the civil law
, in order to give it validity.
The contract of mandate may be dissolved by the mandatary at any time before he has entered upon its execution and in this case the property is to be restored to the mandator. It may also be dissolved by the death of the mandatory, by a change in the state of the parties (e.g. either party becomes insane) or by a revocation of the authority, either by operation of law, or by the act of the mandator.
Bailment
Bailment describes a legal relationship in common law where physical possession of personal property, or chattel, is transferred from one person to another person who subsequently has possession of the property...
of goods without reward, to be carried from place to place, or to have some act performed about them.
Three things are necessary to create a mandate. First, that there should exist something which should be the matter of the contract. Secondly, the contract should be gratuitous. Thirdly, the parties should voluntarily intend to enter into the contract.
There is no particular form or manner of entering into the contract of mandate, prescribed either by the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, or by the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, in order to give it validity.
The contract of mandate may be dissolved by the mandatary at any time before he has entered upon its execution and in this case the property is to be restored to the mandator. It may also be dissolved by the death of the mandatory, by a change in the state of the parties (e.g. either party becomes insane) or by a revocation of the authority, either by operation of law, or by the act of the mandator.