Form of Mandate

It was not necessary that the mandate should be given in any particular form of words ; it might even be implied from the conduct of the parties. A common form was to give a letter of mandate.

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Rights and Duties of Parties

It was the duty of the landlord (locator) to deliver the property to the tenant (conductor) and to permit him to keep it for the time agreed upon. If the tenant was deprived of the property before the termination of his lease in consequence of the landlord's fault, the latter had to pay him full compensation (id quod interest). But if the landlord was not in fault, the tenant was entitled only to a remission of the rent. Thus, if a farm let to a tenant was confiscated, or a house burned, the tenant was entitled simply to remission of the rent. So in case of a chattel, if it was carried off by robbers, the hirer was released from payment for the unexpired term of the contract. If the lessor of a house determined to pull it down and rebuild it during the term, he had to pay the lessee compensation if the rebuilding was unnecessary, but if necessary, he was required simply to allow a remission of the rent. The landlord was also required to keep the property in good order...
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Pacts

Except in the case of the consensual contracts, the Roman law never recognized a mere oral promise or agreement as amounting to a contract in the full legal sense. To be binding, the promise must be expressed in a certain form, as in the case of the verbal contracts, or have induced performance, as in the case of the nameless contracts. Nevertheless, mere informal promises or agreements were not entirely without legal efifect. As a rule they were not directly enforceable by actions, but they were available as defenses. These agreements were called pacts (pacta). Agreements enforceable by action were called contracts (contractus). As early as the Twelve Tables an informal agreement to waive an action for a tort (delict) was held binding, and constituted a good defense to the action. Afterwards the prastor admitted pacts as defenses to actions on contracts as well as on delicts. A contract could not, strictly speaking, be discharged except in its own appropriate manner. A...
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Mandatary as Agent

A mandatary was bound to give up to his mandator all rights acquired against third persons by the performance of the mandate, and permit the mandator to sue in his name. The mandatary made the contract in his own name, and the mandator would sue thereon in the name of the mandatary, and in this round about way the function of an agent was served by the mandatary. (As to agency, see generally. Hunter, 609-626; Sohm, 219-224.)
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