The Several Kinds of Mandates

The mandate might be either :

( 1 ) For the benefit of the person making the request (mandator), as where a man gives another a mandate to buy property for him, or to manage his business. Thus Titius requests Seius to buy him an article for him with his own (Seius) money. Seius buys and pays for the article, but Titius refuses to take it. Seius can recover the price paid and interest.

(2) For the benefit of both parties, mandator and mandatary, and where a man gives you a mandate to lend your money at interest to a third person for the good of the giver's property.

(3) For the benefit of a third person, only, as where one gives another a mandate to manage the business of a third person, or buy property for a third person. In this case the mandator is merely a surety.

(4) For the benefit of the mandator and a third person, as where one gives another a mandate to act in some business common to the giver and a third person, as to buy a farm or make a contract for the giver and a third person.

(5) For the benefit of the mandatary and a third person, as where one gives you a mandate to lend your money to another at interest. If it were to lend money without interest it is for the benefit of the third person only.

It is stated in the Institutes (Bk. III, 26, 6) that a mandate cannot be exclusively for the benefit of the mandatary himself, as where one requests another to invest his money in land rather than to lend it at interest. Such a commission is rather mere advice, and if acted on with loss the loser cannot hold the adviser responsible.

The essence of the, mandator's obligation being to indemnify the mandatary against loss, it would hardly be reasonable to imply a promise to indemnify one against loss where he was acting solely for his own benefit, but where one requests another to act for the former's benefit or for the benefit of a third person, an undertaking to indemnify may well be implied. The question, as pointed out by Dr. Hunter, turns upon the intention of the parties (Hunter, 483).

Was the request such as to lead the mandatary to expect indemnification?

If so, the mandator would be liable even though the mandate was for the mandatary's sole benefit. And if there was an express promise of indemnity, it is a mandate. Thus where a man requested a friend "to set up in your gardens a tennis court, warm baths, and whatever else is necessary for your health at my expense," and the friend accordingly spend 100 aurei in making the improvements, and found on selling the gardens that the price was enhanced only 40 aurei, it was held that he could recover the balance of 60 aurei from his adviser in an action of mandate.

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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