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Encyclopedia Britannica - Main :: MAL-MAR |
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MANDATE (Mandatum) , a contract in Roman law constituted by one person (the mandatarius) promising to do something gratuitously at the request of another (the mandator), who under-takes to indemnify him against loss. The jurist distinguished the different cases of mandatum according as the 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 form of the contract might exist, the commission being held to be merely advice tendered to the mandatarius, and acted on by him at his own risk
obligation
supply of some fact (re). The obligations of the mandatarius under the con-tract
ordinary diligence
The essentials and the terminology of the contract are preserved in most modern systems of law. But in English law mandate, under that name, can hardly be said to exist as a separate
bailment . It is restricted to personal property, and it implies the delivery of something to the bailee, both of which conditions are unknown in the mandatum of the civil law (see BAILMENT ).End of Article: MANDATE (Mandatum) If you wish, you can link directly to this article.
<a href="http://jcsm.org/StudyCenter/Encyclopedia/MAL_MAR/MANDATE_Mandatum_.html"> MANDATE (Mandatum) </a> |
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