Notes on Roman Law

The mandate might be revoked so long as it had not been acted upon, but the mandator was not permitted to revoke the mandate after partial performance in order to escape his liability to the mandatary. The mandate might also be terminated by renunciation by the mandatary, or by the death of either party. But if the mandatary performed the mandate in ignorance of the death of the mandator, he could maintain an action for indemnification. (See generally as to mandate, Inst. III, 26; Gaius, 3, 155-162; Hunter, 482-489; Sohm, 407.)

The mandator was bound to reimburse the mandatary for all proper expenditures in the performance of the mandate, to accept what the mandatary bought for him, and to indemnify him against all obligations incurred. In other words, he was to see that the mandatary lost nothing by the proper performance of the mandate. The mandatary gained nothing, the act being gratuitous, but on the other hand, he could lose nothing unless guilty of fault in the performance of the mandate. The mandatary was considered as acting for the mandator, not for himself, and his claim against the mandator grew out of the fact that he had performed the mandate at the instance of the mandator and it would be a manifest breach of faith for the latter to refuse to reimburse or indemnify him. If the mandatary had not performed the mandate, he had no right of action against the mandator. For the enforcement of his rights against the mandator the mandatary had the actio mandati contraria. And if compensati...

The person requested was not bound to accept the mandate, but if he accepted it, he was bound to do what he had promised, or give it up in time to enable the mandator to act himself or get some one else. Otherwise, he would be liable to the mandator unless his failure to renounce was for some good reason, as sudden illness, a necessary journey, bad feeling between the parties, the mandator's insolvency, etc. Even though he had accepted the mandate he might renounce it, if done seasonably, provided the mandate was gratuitous. If a consideration was to be paid, the mandatary could not renounce without liability for damages. If no damage resulted there was no liability. In executing the commission given him, the mandatary was required to conform at least substantially to its terms, and to act honestly, and with as much care as a good paterfamilias . For failure in these respects he was liable to an action for damages by the mandator (actio mandati directa). He was not ...

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.

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...

Mandate (mandatum) was a contract by which one person mandatarius agreed to do something gratuitously at the request of another mandator , who, on his part, agreed to save him harmless from all loss in so doing. The mandator was said to give the mandatory a mandate, or commission to do the act in question. The term mandatum is sometimes translated "agency", but this translation is misleading. The mandatory is not properly described as an agent. Mandate was the only gratuitous consensual contract; the others, sale, hiring, and partnership, all being founded upon a consideration. Like the others, it was a bona fidei negotium , and bound the parties to do all that was required by good faith. It was of the essence of the contract of mandate that the mandatory should act gratuitously. But while this was true in a strict legal sense, it was allowed to agree upon a sum to be paid as a honorium , or salary, which might be recovered only by a special action and not b...